John Hanita Paki and others v Attorney-General - SC 7/2010

A The application for leave to appeal is granted.
B The approved grounds are:   (i) Did the applicants have standing to bring the proceeding in a representative capacity?   (ii) Did s  14 of the Coalmines Amendment Act 1903 vest title in the riverbed adjoining the Pouakani lands in the Crown?   (iii) If not, did the Crown acquire title to the claimed part of the riverbed through application of the presumption of riparian ownership ad medium filum aquae by reason of its acquisition of the riparian lands?   (iv) If so, in the circumstances in which the Crown acquired the claimed part of the riverbed, was it in breach of legally enforceable obligations owed to the owners from whom title was acquired?   (v) If so, have the applicants lost their right to enforce such obligations by reason of defences available to the Crown through lapse of time?   (vi) If not, what relief is appropriate? C The Registrar is directed to set down the hearing of the first two questions only for hearing at a fixture of 2 days.  Further timetabling and direction orders for hearing of the remaining Questions will be made at or following the first hearing.  The Court may review the expression of grounds 3 to 6 if it considers it appropriate to do so after hearing the argument of questions 1 and 2.
21 July 2010
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The appellants have standing to bring the proceedings in a representative capacity. The riverbed adjoining the Pouakani lands is not vested in the Crown under s 261 of the Coal Mines Act 1979 and s 354 of the Resource Management Act 1991. Costs are reserved.
27 June 2012
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Appeal dismissed.
29 August 2014