land - interface with the the ture whenua act

Question 1

TTMWA was enacted to

Answer 1

portect and retain the ownership of MFL by whanau and hapu

Question 2

warin v registrar gen of lan

Answer 2

• land sold to w under the erroneous assumption that it was GFL, not MFL, error only discovered when W wnated to resell 10 yrs later
• w sough taht they had indefeas title even tho under TTMWA the slae was not valid as not in accordnace w aliensation provsions
• since w had reg their interest under the LTA, it trumped TTWMA, COURT SWAYED by the fact w. was bone fide and had owned for 10+ years

Question 3

barlow v phillips

Answer 3

• p gifted part of a block of mfl to a local society, this transaction was challeneged on the basis it id not comply with the alienation provisons under TTMWA
• this case clarifies that non- compliance with teh TTWMA in on itself is not an exception to indefeasibilty, climants must prove an expection in fraud or inperosnam for the ale to be invalid

Question 4

55(4)(c)

Answer 4

seems to contempplate that the LTA will ordinaruly trup the TTWMA