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Ngati Apa V Attorney-General
''Ngati Apa v Attorney-General'' was a landmark legal decision that sparked the New Zealand foreshore and seabed controversy. The case arose from an application by eight northern South Island iwi for orders declaring the foreshore and seabed of the Marlborough Sounds Maori customary land. After lower court decisions and consequent appeals in the Maori Land Court, the Maori Appellate Court and the High Court; the Court of Appeal unanimously held that the Maori Land Court had jurisdiction to determine whether areas of foreshore and seabed were Maori customary land or not. The court also held that, "The transfer of sovereignty did not affect customary property. They are interests preserved by the common law until extinguished in accordance with the law". The effect of the decision was subsequently overturned by the Foreshore and Seabed Act 2004. Background Justice Keith succinctly summarised how the case got before the Court of Appeal, Judgments The lowest common denominator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2003 In New Zealand Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resource Management Act 1991
The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management. The RMA and the decisions made under it by district and regional councils and in courts affect both individuals and businesses in large numbers, and often in very tangible ways. The Act has variously been attacked for being ineffective in managing adverse environmental effects, or overly time-consuming and expensive and concerned with bureaucratic restrictions on legitimate economic activities. In February 2021, the Government confirmed that the RMA is to be replaced by three separate acts. These will be the Natural and Built Environment Bill (NBA), the Strategic Planning Bill (SPA), and the Climate Change Adaptat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francis Dart Fenton
Francis Dart Fenton (c.1824 – 23 April 1898) was a New Zealand magistrate, judge, public administrator and musician. Fenton was born in London, England, where he was baptised at St.Mary's church in Islington on 6 August 1824. He was educated at the Collegiate boarding school in Sheffield, in Yorkshire, and was articled to his uncle James Crossland Fenton who was a solicitor in Huddersfield. He went to Auckland, New Zealand, in 1850, and cultivated land on the Waikato River. In 1851 he was appointed by Sir George Grey (then Governor) to a position in the Deeds Office at Auckland, and subsequently became Resident Magistrate and Collector of Customs at Kaipara. In March 1856 he was made Native Secretary by Governor Browne; but his policy clashing with that of (afterwards Sir) Donald McLean, Chief Native Land Commissioner, he was compelled to resign, and was appointed Resident Magistrate at Whaingaroa (now Raglan). On 9 May 1857, as the result of a paper of suggestions w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of New Zealand
, background_color = #012169 , image = New Zealand Government wordmark.svg , image_size=250px , date_established = , country = New Zealand , leader_title = Prime Minister Jacinda Ardern , appointed = Governor-General , main_organ = , ministries = 32 ministries and departments , responsible = House of Representatives , budget = 119.3 billion (2018–19) , address = The Beehive and other locations across Wellington , url = The New Zealand Government ( mi, Te Kāwanatanga o Aotearoa) is the central government through which political authority is exercised in New Zealand. As in most other parliamentary democracies, the term "Government" refers chiefly to the executive branch, and more specifically to the collective ministry directing the executive. Based on the principle of responsible government, it operates within the framework that "the Queen reigns, but the government rules, so long as it has the support of the House of Representatives".Sir Kenneth Keith, qu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreshore And Seabed Act 2004
The Foreshore and Seabed Act 2004 is a former Act of the Parliament of New Zealand. It overruled the 2003 decision of the Court of Appeal in ''Ngati Apa v Attorney-General.'' Its passage arose out of, and further fueled, the New Zealand foreshore and seabed controversy. It was replaced by the Marine and Coastal Area (Takutai Moana) Act in 2011. See also *New Zealand foreshore and seabed controversy The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These ... References External linksText of the Act Māori politics Statutes of New Zealand 2004 in New Zealand law Aboriginal title in New Zealand Repealed New Zealand legislation {{NewZealand-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Māori Land Court
The Māori Land Court (Māori: Te Kōti Whenua Māori) is the specialist court of record in New Zealand that hears matters relating to Māori land. Māori Land Court history The Māori Land Court was established in 1865 as the Native Land Court of New Zealand under the Native Lands Act. The court was established to facilitate the purchase of Māori land by the Crown by converting collectively owned Māori customary land into Māori freehold land. The Act created the Native Land Court to identify ownership interests in Māori land and to create individual titles (in place of customary communal title) that were recognisable in English law. Under the Native Lands Act 1865 only ten owners could be listed on land titles issued by the court. As outlined by Williams, "government policy from 1858 onwards ... sought to introduce a rapid individualisation of ancestral Māori land in order to ensure the availability of most of that land for settlement by Pakeha settlers". A continuatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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