Rata - Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge's MB 74 (2020 CJ 74) [pdf, 432 KB]
...general in favour of general land unless that general land is owned by Māori. By utilising the provisions of section 318(1) of the Act we believe the ownership of land will not therefore be an issue. The order would in our view also constitute a separate instrument of title. The Court should consider the terms of the roadway i.e. who will form, maintain etc. Consideration should also be given to the batter easement and the terms associated with that type of easement. d. The Court t...