Property essay

Question 1

What to include in the introduction

Answer 1

• property is extremely important because of its value and significance
• power play between the crown and people over ownership of land
• did Britain gain imperium and dominium over NZ?
• Queen holds radical title over NZ

Question 2

Property in England

Answer 2

Sovereign holds both imperium and dominium over England
- before Norman invasion King & nobility held all the land; after the king held ‘radical title’
- William the Conquerer 1066 with feudalism system
- currently the Crown still holds ‘radical title’
it isn’t a point of contention that Englands sovereign holds both imperium and dominium over Britain

Question 3

Property in NZ

Answer 3

NZ adopted English Law and with that the feudalism system; it is contested whether the crown gained imperium and dominium over NZ with this.
- in the ToW, section 2; the crown had a right to pre-emption. However, this is an incredibly large point of contention, did the crown gain imperium over all land including cultural?
- in R v Symonds; it was ruled in respect to the crown, affirming the crowns radical title, apart from over native customary property.
- Wi Parata v Bishop of Wellington ruled however that the crown gained both imperium and dominium as radical title was not subject to the Common Law Doctrine of Native Title; Wi Parata justifies his reasoning as Maori held no recognisable legal system - makes the treaty nullified.
- Nireaha, Tamaki v Baker ruled however that it is “rather late in the day” to consider the treaty “a simple nullity”.

Question 4

Recent developments of property ownership

Answer 4

Ngati App v Governor General;
Laws of England applied in NZ only “so far as applicable to the circumstances thereof”
- Maori Land Court awarded dominium to Maori; ruling that Maori owned the foreshore and seabed
Parliament overruled this decision in the Foreshore and Seabed Act 2004
- Marine Coastal Area Act 2011 amended that no body owned the Foreshore and Seabed (example of parliamentary supremacy)

Question 5

Conclusion

Answer 5

Whether the crown holds imperium and dominium over NZ is a point of contention
- it is likely the crown only holds ‘radical title’