Berkett v Tauranga District Court - [1992] 3 NZLR 206

Constitutional law — Treaty of Waitangi — Tribal chief not a signatory — Whether customary Maori title — Descendants charged under statute of general application with committing offence on island — Whether island within definition of "New Zealand" - Whether statute applied to descendants — New Zealand Boundaries Act 1863 (26 and 27 Vict, Ch 23), s 2 - Crimes Act 1961, s 2 - Territorial Sea and Exclusive Economic Zone Act 1977, s 3.

Criminal law — Jurisdiction — Definition of New Zealand for territorial purposes — Whether offshore island within definition — New Zealand Boundaries Act 1863 (26 and 27 Vict, Ch 23), s 2 - Territorial Sea and Exclusive Economic Zone Act 1977, s 3.

Practice and procedure — Striking out proceedings — Application to strike out — Whether evidence by way of supplementary affidavit admissible.