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]
...type of land that the road would traverse. The Court’s power to grant rights of way was not contained in Part 23 of the Act but was instead contained in s 30(j) of the 1953 Act. [45] Under the 1953 Act a roadway order could be either public or private. Both types of roadway orders had different effects on Māori land. Where a road was to be declared public, then consent from the owners was specifically required and the road was officially “set apart” as a public road and tr...