John Hanita Paki v Attorney-General

[2010] NZSC 88

IN THE SUPREME COURT OF NEW ZEALAND

SC 7/2010
[2010] NZSC 88

BETWEENJOHN HANITA PAKI, TORIWAI ROTARANGI, TAIHOPA TE WANO HEPI, MATIU MAMAE PITIROI AND GEORGE MONGAMONGA RAWHITI

Applicants

ANDATTORNEY-GENERAL OF NEW ZEALAND FOR AND ON BEHALF OF THE CROWN ("THE CROWN")

Respondent

Hearing:19 July 2010

Court:Elias CJ, Blanchard and McGrath JJ

Counsel:I R Millard QC and M P Armstrong for Applicants

V L Hardy and D A Ward for Respondent

Judgment:21 July 2010 

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe approved grounds are:

(i)Did the applicants have standing to bring the proceeding in a representative capacity?

(ii)Did s 14 of the Coalmines Amendment Act 1903 vest title in the riverbed adjoining the Pouakani lands in the Crown?

(iii)If not, did the Crown acquire title to the claimed part of the riverbed through application of the presumption of riparian ownership ad medium filum aquae by reason of its acquisition of the riparian lands?

(iv)If so, in the circumstances in which the Crown acquired the claimed part of the riverbed, was it in breach of legally enforceable obligations owed to the owners from whom title was acquired?

(v)If so, have the applicants lost their right to enforce such obligations by reason of defences available to the Crown through lapse of time?

(vi)If not, what relief is appropriate?

CThe Registrar is directed to set down the hearing of the first two questions only for hearing at a fixture of 2 days.  Further timetabling and direction orders for hearing of the remaining Questions will be made at or following the first hearing.  The Court may review the expression of grounds 3 to 6 if it considers it appropriate to do so after hearing the argument of questions 1 and 2.

Solicitors:

Aurere Law, Rotorua for Applicants

Crown Law Office, Wellington for Respondent