Court of Appeal Wellington
1, 2, 3 April; 23 May 1930
Herdman J; Reed J; Adams J; Ostler J; Smith J
1, 2, 3 April; 23 May 1930
Herdman J; Reed J; Adams J; Ostler J; Smith J
State Forest — Agreement entered into by Commissioner of State Forests to pay Sum for Option to purchase certain Lands — Lands subject to Restrictions imposed by Part XIII of the Land Act, 1924, and s 74 of the Native Land Amendment Act, 1913 — Agreement subject to Titles being in Order — Restrictions held to constitute a Defect of Title rendering Agreement unenforceable — Agreement ultra vires the Commissioner — Whether an Appropriation of Public Moneys a Condition precedent to the Exercise of the Authority vested in the Commissioner under the Forests Act, 1921–22 — Right of the Subject to avail himself of the Process provided in Part II of the Crown Suits Act, 1908, without Appropriation of Public Moneys to the Satisfaction of the Claim — Forests Act, 1921–22, ss 22, 38 — Land Act, 1924, Part XIII—Native Land Amendment Act, 1913, s 74 — Crown Suits Act, 1908, Part II.
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