The Queen v Rushbrooke and Others - [1958] NZLR 877

Public reserves and domains — Domain board — Powers of board — Tenancies of land in domain granted to individuals and erection of holiday cottages thereon — no power conferred on board to grant such tenancies — Tenancies arising by implication from actions of board and its caretakers — Power not acquired by estoppel — Acts done in excess of statutory powers — Crown entitled to possession of areas whereon cottages erected — Reserves and Domains Act 1953, s. 27 (3) (c)

Practice — Appeal to Supreme Court — Matters which may be raised on appeal — Objection not taken in Court below — Appeal determined thereon — No costs — Magistrates' Courts Act 1947, s. 71.