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Title
Property Law in the South Island High Country: Part II
Fields of Research (FoR) 2008:
Author(s)
Brower, A
Publication Date
2008
Abstract
In 'Property Law in the South Island High Country - Statutory Not Common Law Leases', we contended that Crown pastoral leases confer exclusive rights of pasturage, but no rights to exclusive possession. This challenged an entrenched orthodoxy in the high country that run-holders enjoy powerful property rights analogous to freehold title, including rights of exclusive occupation.' Our argument is premised on the analysis that pastoral leases are a unique statutory tenure, not a common law lease. Thus the ambit of the tenure must be read within the four corners of the statutory remit, not by implication of the common law. The absence of any explicit grant of exclusive possession in either the Land Act 1948 or the Crown Pastoral Land Act 1998 (CPLA) suggests there is no grant. In this case, absence of evidence is indeed evidence of absence. At best, any right toexclusive possession can only be inferred by staring hard at the space between the lines of statute.
Publication Type
Journal Article
Source of Publication
Waikato Law Review, 16(1), p. 73-87
Publisher
University of Waikato, School of Law, Te Whare Wananga o Waikato
Place of Publication
New Zealand
ISSN
1179-3848
1172-9597
Peer Reviewed
Yes
HERDC Category Description
Peer Reviewed
Yes
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