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In Re The Ninety-Mile Beach
''In Re the Ninety-Mile Beach'' was a decision of the Court of Appeal of New Zealand holding that Maori could not hold title to the foreshore because of the effect of section 147 of the Harbours Act 1878 (later section 150 of the Harbours Act 1950); and because investigation of title to land adjacent to the sea by the Māori Land Court had extinguished rights to land below the high water mark. The decision was overturned in 2003 by ''Ngati Apa v Attorney-General.'' Background The plaintiff in the case, Waata Tepania, was the "Chairman of the Taitokerau Maori District Council, a member of the New Zealand Maori Council, and a member of both the Taitokerau and Aupouri Maori Trust Boards, Mr Tepania was a leader and elder of both the Aupouri and Rarawa tribes. A resident at Ahipara, he was born at Wai-mahana and as a lad attended the most northerly school in New Zealand — Te Hapua." The background to the case was neatly summarised by Justice T.A. Gresson: This was an applicat ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Te Aupōuri
Te Aupōuri is the second northernmost Māori iwi (tribal group), located north of Kaitaia, Northland, New Zealand, a region known as the Te Hiku o te Ika. The iwi is one of the six Muriwhenua iwi of the far north of the North Island. Te Reo Irirangi o Te Hiku o Te Ika, an iwi radio station, serves Te Aupōuri and other Muriwhenua tribes of the Far North. It broadcasts a main station on , an urban contemporary station Sunshine FM on and a youth-oriented station Tai FM. History The ancestral legend In Māori, ''Te Aupouri'' means "The Dark Smoke" (au = smoke, pōuri = dark). According to legend, the Te Aupōuri came into conflict with Te Rarawa. The battle between the two eventually caused two other chieftains, Te Ikanui and Wheru, to become besieged in their pā in Pawarenga on Whangape Harbour. To mask their escape, they burnt their possessions and escaped under the cover of the smoke.Te Kooti Whenua Maori This is the iwi's chant: Muriwhenua links Te Aupōuri are one ...
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Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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1963 In New Zealand Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A January 1963 lunar eclipse, total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the January 1963 lunar eclipse, penumbral lunar eclipse and the Solar eclipse of January 25, 1963, annular solar ...
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Wi Parata V Bishop Of Wellington
''Wi Parata v Bishop of Wellington'' was a New Zealand court case of 1877 which ruled that the Treaty of Waitangi was a "simple nullity" having been signed by "primitive barbarians". In 1877 Wiremu "Wi" Parata a wealthy Māori farmer and member of the Executive Council, described by the ''Dictionary of New Zealand Biography'' as having been "an astute politician and skilled orator and debater" took Octavius Hadfield, the Bishop of Wellington, to the Supreme Court, over a breach of oral contract between the Anglican Church and the Ngāti Toa, and a breach of the principles of the Treaty of Waitangi. Ngāti Toa had provided land to the church in 1848 in exchange for a promise that a school for young Ngāti Toa people would be built by the church. However no school was built, and in 1850 the church obtained a Crown grant to the land, without the consent of the iwi. The case was a failure for Parata – Chief Justice James Prendergast ruled that the Treaty of Waitangi was a "s ...
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Sian Elias
Dame Sian Seerpoohi Elias (born 13 March 1949) is a New Zealand former Government official, who served as the 12th Chief Justice of New Zealand, and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as Administrator of the Government. Early life and family Born in London of an Armenian father and a Welsh mother (hence her Welsh forename and Armenian surname), Elias arrived in New Zealand in 1952, and later attended Diocesan School for Girls in Auckland. She completed a law degree from the University of Auckland in 1970, and then undertook further study at Stanford University. She took up employment with an Auckland law firm in 1972, beginning her career as a barrister three years later. She also served as a member of the Motor Spirits Licensing Appeal Authority and of the Working Party on the Environment. Elias is married to Hugh Fletcher, former CEO of Fletcher Cha ...
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R V Symonds
''R v Symonds'' ''(The Queen v Symonds)'' incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi. Although the Native Lands Act 1862 waived Crown pre-emption, the notion of aboriginal title has been revived in the 20th century to deal with Māori property rights. Background Faced with a "virtually bankrupt colonial administration" Governor Robert FitzRoy had in 1843 waived the Crown's right of pre-emption to purchase Māori land, allowing settlers to directly buy land from Māori if they held certificates waiving the Crown's right. Under what became known as the "penny-an-acre" proclamation, 90,000 acres were bought by settlers. When Governor George Grey took office in 1845, he decided to take a test case, with a claimant seeking a writ of scire facias to "justify his refusal to award Crown grants over land to persons whose cla ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Ahipara
Ahipara is a town and locality in Northland, New Zealand at the southern end of Ninety Mile Beach, with the Tauroa Peninsula to the west and Herekino Forest to the east. Ahipara Bay is to the north west. Kaitaia is 14 km to the north east, and Pukepoto is between the two. History Pre-European settlement The name comes from the Māori language words ''ahi'', meaning fire, and ''para'', a large fern, and can be translated as "a fire at which para was cooked". Prior to the late 18th century, the area was called Wharo, which means "stretched out". That name originated when the chief Tohe ordered a slave to measure the distance the tide had receded, by counting the number of arm-spans from the high water level. European settlement The area was popular with kauri gum-diggers during the late 19th and early 20th centuries. By the 1910s, the kauri gum industry became centred around Ahipara and Houhora. Digging peaked at Ahipara in the 1920s and 1930s, and the area was one of the ...
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Te Rarawa
Te Rarawa is a Māori iwi of Northland, New Zealand. The iwi is one of five Muriwhenua iwi of the far north of the North Island. Rūnanga and marae Te Rarawa has 23 foundation marae: *Korou Kore Marae, '' Ahipara'', represents the hapū of Ngāti Moroki. *Mātihetihe Marae, ''Mitimiti'', represents the hapū of Te Tao Māui and Te Hokokeha. *Morehu Marae, Ōhaki Marae and Taiao Marae, ''Whāngāpe Harbour'', represent the hapū of Te Uri o Tai. *Motutī Marae, ''Hokianga Harbour'', represents the hapū of Ngāti Te Maara, Te Kaitutae, Ngāī Tamatea, Te Waiariki, and Ngāti Muri Kāhara. *Ngāti Manawa Marae, '' Panguru'', represents the hapū of Ngāti Manawa, Waiāriki and Te Kaitutae. *Ōwhata Marae, ''Ōwhata Harbour'', represents the hapū of Ngāti Torotoroa, Tahukai and Te Popoto. *Ngāi Tūpoto Marae, ''Motukaraka'', represents the hapū of Ngāi Tūpoto and Ngāti Here. *Rangikohu Marae , ''Ōwhata Harbour'', represents the hapū of Ngāti Kuri rāua ko Ngāti Wa ...
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New Zealand Māori Council
The New Zealand Māori Council is a body representing and consulting the Māori people of New Zealand. The council is one of the oldest Māori representative groups. Recently, the council increased its focus on social challenges and issues that impact its constituents, with one example being the COVID-19 pandemic. It is now developing ideas and programs that reduce barriers faced by Maori. Structure The New Zealand Māori Council, also known as the ''Te Kaunihera Maori o Aoteaora'', was created by thMaori Welfare Act 1962(renamed thby the ttp://www.legislation.govt.nz/act/public/1962/0133/latest/formertitle.aspx?search=qs_act%40bill%40regulation%40deemedreg_Maori+Community+Development+Act+1962_resel_25_h&p=2 Maori Purposes Act 1979 to serve the greater Māori community. It often acts as the legal entity representing groups of iwi and hapū, and offers a forum for them to act collectively. The Council exerts pressure on New Zealand governments to protect Treaty of Waitangi righ ...
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Kenneth Gresson
Sir Kenneth Macfarlane Gresson (18 July 1891 – 7 October 1974) was a New Zealand soldier, lawyer, university lecturer and judge. He was born on 18 July 1891 and attended Rangi Ruru. His father, John Beatty Gresson, was a solicitor in Christchurch, who died in a railway accident a few months before Kenneth Macfarlane Gresson was born. His grandfather, Henry Barnes Gresson, was one of New Zealand's first Supreme Court judges. He was buried in a family grave at St Paul's Anglican Church, Papanui. References 1891 births 1974 deaths New Zealand academics District Court of New Zealand judges Court of Appeal of New Zealand judges People from Christchurch People educated at Rangi Ruru Girls' School Burials at St Paul's Cemetery, Christchurch New Zealand Knights Commander of the Order of the British Empire New Zealand members of the Privy Council of the United Kingdom 20th-century New Zealand judges {{NewZealand-law-bio-stub ...
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