Court of Appeal Wellington
28, 29, 30, 31 August; 3 October 1989
Cooke P, Richardson, Casey, Bisson and Hardie Boys JJ.
28, 29, 30, 31 August; 3 October 1989
Cooke P, Richardson, Casey, Bisson and Hardie Boys JJ.
Administrative law — Judicial review — Treaty of Waitangi — Agreement between Crown and Coalcorp pursuant to the State-Owned Enterprises Act purporting to grant coal mining rights and appointing Coalcorp as agent for sale of certain Crown lands direct to third parties — Claims before Waitangi Tribunal in respect of lands subject to coal mining rights and lands proposed to be transferred direct to third parties — Whether grant of coal mining rights a transfer of "interests in land" subject to the protection of the treaty of Waitangi (State Enterprises) Act 1988 — Whether proposed transfers of land direct to third parties would be inconsistent with the principles of the Treaty of Waitangi and the Crown's obligation to evolve a system for safeguarding Maori claims before the Waitangi Tribunal — Treaty of Waitangi Act 1975, s 8A — Coal Mines Act 1979, s 84, Part IIIA and Fourth Schedule — State-Owned Enterprises Act 1986, as amended in 1988, ss 9, 23, 27, 27A, 27B, 27C, 27D and 29.
Loading... Please wait...
