Paki V Attorney-General (No 2)
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Paki V Attorney-General (No 2)
''Paki v Attorney-General (No 2)'' was a case in the Supreme Court of New Zealand that considered whether “usque ad medium filum aquae”, the common law presumption that the purchaser of land adjoining a stream or river also obtains ownership of the waterway to its mid-point applied to the Waikato riverbed adjoining blocks of land at Pouakani, near Mangakino. For differing reasons the Supreme Court unanimously held that the "mid-point presumption" did not apply and "decided that it had not been shown that title determination to the Pouakani land blocks had affected ownership of the riverbed". The decision has been described as "explosive" because it could lead to a flood of litigation concerning ownership of riverbeds, and because the stretch of river the case was concerned with contains three hydroelectric dams owned by Mighty River Power: Arapuni, Maraetai and Whakamaru. Background Initially the appellants had sought customary ownership of the riverbed in the Maori Land C ...
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Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ...
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Mangakino
Mangakino is a small town on the banks of the Waikato River in the North Island of New Zealand. It is located close to the hydroelectric power station at Lake Maraetai, southeast of Hamilton. The town and its infrastructure are administered as the Mangakino Pouakani ward by the Taupō District Council. History and culture In 1896, (after 40 years of resistance) the British Crown acquired the Wairarapa Lakes from Ngāti Kahungunu and in 1915, gave in return land in middle North Island, land known as part of the Pouakani Block. At that time the land where Mangakino lies today was described as native bush and pumice wastelands, barren, unoccupied and unfarmed. In 1946, as the Karapiro Dam neared completion, workers were to transfer to the next dam construction site – 'Maraetai I', near Mangakino. The Crown, under the Public Works Act, reacquired a portion of the unoccupied Pouakani Block alongside the Waikato River to build a "hydroelectric station" and a temporary township, ...
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2014 In New Zealand Law
Fourteen or 14 may refer to: * 14 (number), the natural number following 13 and preceding 15 * one of the years 14 BC, AD 14, 1914, 2014 Music * 14th (band), a British electronic music duo * ''14'' (David Garrett album), 2013 *''14'', an unreleased album by Charli XCX * "14" (song), 2007, from ''Courage'' by Paula Cole Other uses * ''Fourteen'' (film), a 2019 American film directed by Dan Sallitt * ''Fourteen'' (play), a 1919 play by Alice Gerstenberg * ''Fourteen'' (manga), a 1990 manga series by Kazuo Umezu * ''14'' (novel), a 2013 science fiction novel by Peter Clines * ''The 14'', a 1973 British drama film directed by David Hemmings * Fourteen, West Virginia, United States, an unincorporated community * Lot Fourteen, redevelopment site in Adelaide, South Australia, previously occupied by the Royal Adelaide Hospital * "The Fourteen", a nickname for NASA Astronaut Group 3 * Fourteen Words, a phrase used by white supremacists and Nazis See also * 1/4 (other) * Fo ...
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Laches (equity)
In common law legal systems, laches ( "latches", ; Law French: ''remissness'', ''dilatoriness'', from Old French ''laschesse'') is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. This means that it is an ''unreasonable'' delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity, "Equity aids the vigilant", not those who sleep on their rights. Put another way, failure to assert one's rights in a timely manner can result in a claim be ...
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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 ...
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Whakamaru Dam
Whakamaru Power Station is a hydroelectric power station on the Waikato River, in the North Island of New Zealand. It is the fourth hydroelectric power station on the Waikato River. Lake Whakamaru is one of the larger hydro reservoirs on the Waikato river. The power station is owned and operated by Mercury Energy. The adjacent Whakamaru switching station is operated by Transpower and is one of eight reference nodes on the New Zealand national grid. History Development work started in 1949 with the construction on of road from Mangakino which at the time was the operational centre of the Waikato hydroelectric scheme. Firstly a diversion channel long, deep and wide was built taking 3 years to complete. The foundation rock turned out to be deeply cracked and filled with clays rendering it partially porous. Shafts were sunk into the rock and this allowed the clay to be cleared and cement grout was later forced into the rock which was then back-filled with concrete. Transmis ...
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Maraetai Power Station
Maraetai Power Station is a hydroelectric power station on the Waikato River, in the North Island of New Zealand. It is the fifth of the eight hydroelectric power stations on the Waikato River, and at 360 MW, is the largest hydroelectric station on the Waikato. The station has two powerhouses - Maraetai I powerhouse is directly in front of the Maraetai Dam, while Maraetai II powerhouse is located downstream of Maraetai I. Although both are completely separate, both powerhouses are operated as one power station. Maraetai is owned and operated by Mercury Energy. History Maraetai I In early 1946, the Minister of Public Works Bob Semple, announced a full development of the Waikato River, with the first three stations planned at Okakuri, Whakamaru, and Maraetai. Although Ohakuri was chosen first, the choice soon shifted to Whakamaru as it would be the best location for transmission needs. However, more investigation had been done for the Maraetai site, and starting Whakamaru f ...
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Arapuni Power Station
Arapuni Power Station is a hydroelectric power station on the Waikato River, in the North Island of New Zealand. It is owned and operated by Mercury Energy, and is the seventh and penultimate hydroelectric power station on the Waikato River. It is also the oldest currently generating, the first government-built, and the largest capacity single hydroelectric power station on the Waikato River. The two power houses that make up the Maraetai Power Station have a larger combined capacity however. Arapuni, due to its proximity to Hamilton, plays an important part in voltage support and frequency keeping in the city and the wider Waikato region. Even though it is 80 years old, continuous improvement and refurbishment of the station's generation equipment ensures Arapuni remains efficient. The powerhouse and dam at Arapuni are under protection of the Historic Places Trust, becoming Category I Historic Places in November 1987 and August 1991 respectively. It is one of the few generatin ...
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Mercury Energy
Mercury NZ Limited is a New Zealand electricity generation and multi-product utility retailer of electricity, gas, broadband and mobile telephone services. All the company's electricity generation is renewable. In August 2021, Mercury acquired five operating wind farms and several wind farm development options from Tilt Renewables. At the same time, the first power from the newly built wind farm at Turitea was generated – adding to the existing portfolio of nine hydro stations on the Waikato River and five geothermal plants located in the central North Island. In the year ended June 2021, Mercury had generated 3,611GWh of electricity through hydro generation and 2,594GWh through geothermal generation. In May 2022, Mercury acquired the retail business of Trustpower, including the retail customer base and Trustpower brand. The generation business of Trustpower changed its name to Manawa Energy Limited. In June 2022, Mercury launched fibre broadband as a retail product to be ...
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Waikato River
The Waikato River is the longest river in New Zealand, running for through the North Island. It rises on the eastern slopes of Mount Ruapehu, joining the Tongariro River system and flowing through Lake Taupō, New Zealand's largest lake. It then drains Taupō at the lake's northeastern edge, creates the Huka Falls, and flows northwest through the Waikato Plains. It empties into the Tasman Sea south of Auckland, at Port Waikato. It gives its name to the Waikato region that surrounds the Waikato Plains. The present course of the river was largely formed about 17,000 years ago. Contributing factors were climate warming, forest being reestablished in the river headwaters and the deepening, rather than widening, of the existing river channel. The channel was gradually eroded as far up river as Piarere, leaving the old Hinuera channel through the Hinuera Gap high and dry. The remains of the old course are seen clearly at Hinuera, where the cliffs mark the ancient river edges. The Wai ...
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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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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 ...
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