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Court of Appeal Wellington
15, 16, 21 June; 1 September 1972
Turner P, Richmond and Perry JJ.
15, 16, 21 June; 1 September 1972
Turner P, Richmond and Perry JJ.
Maoris and Maori land — Alienation — Consent to land being taken for road by proclamation not under seal together with encouragement to construct road was an "alienation" — Maori Affairs Act 1953, ss 2, 212, 286(4), 297.
Public Works — Roads and streets — "Roadway" laid out under s 415 of Maori Affairs Act 1953 not a "road" — No power to declare such "roading" a Government "road" — Public Works Act 1928, ss 110, 112.
Landlord and tenant — Licence — How created — Consent not under seal to Maori land being taken for road — Construction of road prior to proclamation irrevocable licence.