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Taueki v R : ウィキペディア英語版
Taueki v R

In ''Taueki v R'' the Supreme Court of New Zealand considered the meaning of the phrase "in peaceable possession" as it relates to the Crimes Act 1961 justification for the use of reasonable force to defend property from trespass.
==Lake Horowhenua dispute==
Lake Horowhenua, is a lake in the Horowhenua region, next to the town of Levin. The Maori tribe Muaupoko own the land surrounding the lake and the lake bed through a trust. For Muaupoko the lake is of central importance, and three hundred of their ancestors are buried under the lake bed. Due to years of pollution it is one of the most polluted lakes in New Zealand, with water quality so bad that ingesting it could potentially kill a small child.〔 There is also a grievance over the use of motorboats on the lake, as the ''New Zealand Listener'' described:
Since the 1950s, the lake owners have raised objections to motor-powered boats because of the noise, the risk of pollution and the churning up of the water under which their ancestors lie. Accordingly, power boats are allowed on the lake only in specific circumstances and with express approval from the board – a requirement flouted for so long, according to Taueki, that many club members are not even aware of it.

Since 2004, Philip Taueki, a member of Muaupoko tribe and a former accountant has lived in a building on land next to the lake campaigning against the continued degradation of the lake.〔 This has brought to Taueki into conflict with the rowing and sailing clubs who use the lake over the use of motorboats on the lake. As a member of Mauapoko, Taueki is a beneficial owner of the lake and the domain surrounding it. Taueki had also been given "authority of the Trust to ensure that the bylaws were complied with and, in particular, that boats going on the lake were washed down and did not cause further contamination".〔''Taueki v R'' () NZSC 146 at ().〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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