Crown to Appeal Tahora Decision

The Attorney-General, Hon D.A.M. Graham, said today the Crown will appeal the recent decision of the High Court known as the Tahora case.

The case involved the jurisdiction of the Maori Land Court to vest non-Maori land in Maori if the Court found there was a fiduciary duty to Maori arising in respect of that land.

There are two questions at issue; the first is whose land can be made the subject of a vesting order; the second is whether, on the facts, there is a fiduciary link between the owners of that land and Maori.

'The High Court held that the Maori Land Act was wide enough to make general land, including local body land, and Crown land subject to an order if the fiduciary relationship was established,' Mr Graham said.

'It is this finding that is being appealed. The Crown will argue that only Maori land should be subject to the Maori Land Act.'

The High Court found in the Tahora case that in fact the council which owned the land was not under fiduciary duty in relation to the land and cancelled the vesting order.

Mr Graham said that the issue was a technical one of statutory interpretation. But it was important to have a further clarification as to the type of land which could be made the subject of an order.

'While it is most unlikely that any private land owner would be affected because of the need for a fiduciary duty, the Government will argue that the Act can only apply to Maori Land,' he said.