... years of following the Wi Parata line of reasoning in the Courts and reaffirms the decision of Re Symonds. Elias CJ: "I agree with Keith and Anderson JJ and Tipping J that In Re Ninety Mile Beach was wrong in law and should not be followed. In Re Ninety Mile Beach followed the discredited authority of Wi Parata which was rejected by the PC in Nireaha Tamaki v Baker". Ngati Apa affirms that Tangata Whenua held customary property rights to land at the time of Pakeha Settlement. It confirms that those rights were not dependent on or derived from the Treaty or Crown recognition. These Customary property rights continued to exist after the Crown assumed sovereignty and they can be extinguished only in accordance with law. Issues arising from the Marlborough decision. A) Legislation as a political tool in the contest between Maori and the Crown. Ngati Apa does not guarantee a successful outcome ...

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