The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]
...contemplation when the new wharf was constructed or when horticulture and forestry developments were put in place across the island as a result of the improved access. The evidence indicates that once a new wharf was built all owners expected enduring legal access to and from it. [39] We therefore reject Mr Koning’s primary argument that the interests of justice require cancellation of the 1976 order. It was Mr Koning’s contention that it was not open to the Chief Judge to mak...