High Court Wellington
27 February 1974; 28 February 1975
MacArthur J
27 February 1974; 28 February 1975
MacArthur J
Water and water control — Riparian rights — Existing use — Water and Soil Conservation Act 1967 s 21(2) and (3).
Property law — Real property and chattels real — Estates arising by prescription — Prescriptive rights cannot be obtained under the Land Transfer Acts but an easement acquired by prescription over the servient tenement prior to the latter being brought under the Land Transfer Acts may continue to subsist.
Statutes — Construction with reference to statutory rules — Not permissible unless statute provides that subordinate legislation made there under shall have effect as if it had been enacted in the statute itself.
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