R v Saxton - [2012] 1 NZLR 331

$30.00

Court of Appeal Wellington
CA143/2008; CA144/2008; [2009] NZCA 498
28, 29 July; 22 October 2009
William Young P, Chambers and Robertson JJ

Evidence — Admissibility — Report of Waitangi Tribunal — Evidence Act 1908, s 42.

Māori and Māori land — Mining — Pounamu — Ownership — Customary rights to take pounamu — Ngai Tahu (Pounamu Vesting) Act 1997, s 3.

Mining — Pounamu — Access arrangement — Crown Minerals Act 1991, s 61B.

Criminal law — Theft — Unlawful acts — Absence of honest belief in lawfulness.

Criminal practice and procedure — Evidence — Adduced without objection at trial — Whether excluded on appeal if inadmissible.

Evidence — Admissibility — Weight — Oral tradition — Culture and custom.

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