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''In Re the Ninety-Mile Beach'' was a decision of the Court of Appeal holding that Maori could not hold title to the foreshore because of the effect of section 147 of the Harbours Act 1878, (later section 150 of the Habours Act 1950); and because investigation of title to land adjacent to the sea by the Maori Land Court had extinguished rights to land below the high water mark.〔''In Re the Ninety-Mile Beach'' () NZLR 461〕 The decision was overturned in 2003 by ''Ngati Apa v Attorney-General.'' ==Background== The plaintiff in the case, Waata Tepania, was the "Chairman of the Taitokerau Maori District Council, a member of the New Zealand Maori Council, and a member of both the Taitokerau and Aupouri Maori Trust Boards, Mr Tepania was a leader and elder of both the Aupouri and Rarawa tribes. A resident at Ahipara, he was born at Wai-mahana and as a lad attended the most northerly school in New Zealand — Te Hapua." The background to the case was neatly summarised by Justice T.A. Gresson: This was an application under s. 161 of the Maori Affairs Act 1953 by Waata Hone Tepania for an investigation of title, and for the issue of a freehold order in respect of the foreshore of the Ninety-Mile Beach in North Auckland. It was heard by the Maori Land Court in November 1957 and the Court found as a fact that immediately before the Treaty of Waitangi in 1840 the Te Aupouri and Te Rarawa Tribes owned and occupied the foreshore in question according to their customs and usages. The Chief Judge, however, stated a case, pursuant to s. 67 of the Maori Affairs Act 1953, for the opinion of the Supreme Court on two substantial questions of law, which — in abbreviated form — may be stated as follows: In the Supreme Court, Justice Turner stated that "s 150 of the Harbours Act 1950 operated as "an effective restriction upon the jurisdiction of the Maori Land Court" which in terms of the statute was in effect "forbidden to undertake the investigation of the application."" 〔''In re an Application for Investigation of Title to the Ninety Mile Beach (Wharo Oneroa a Tohe) '' () NZLR 673.〕 Waata Tepania appealed Turner J's decision to the Court of Appeal. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「In Re the Ninety-Mile Beach」の詳細全文を読む スポンサード リンク
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