Paki v Attorney-General - [2009] 1 NZLR 72

Constitutional law — Treaty of Waitangi — Fiduciary relationship — Breach of fiduciary duty — Statutory interpretation — Claim to beneficial interest in bed of Waikato River — Pouakani historical claims — Whether claim justiciable having regard to final settlement of historical claims — Whether Crown in fiduciary relationship with original Maori landowners — Whether Crown had to advise owners before acquiring land of principle of usque ad medium filum aquae — Pouakani Claims Settlement Act 2000.

Practice and procedure — Standing — Representative proceedings — Whether plaintiffs could establish they were legal representatives of original landowners — Right of descendants to bring claim — High Court Rules, r 78.

Property law — Riparian rights — Principle of usque ad medium filum aquae — Navigable river — Whether Waikato River as whole navigable — Whether bed of river vested in Crown — Coal Mines Amendment Act 1903, s 14.

Equity — Fiduciary relationship — Remedy of constructive trust — Whether alienation of land adjacent to river and construction of hydroelectricity dams eliminated utility of remedy.

Practice and procedure — Limitation — Claim to trust property — Whether included property subject to remedial constructive trust — Limitation Act 1950, ss 2 and 21(1)(b).