Native Title in UK Law

Leading Cases
  • June Margaret Baudinet v Ellen Tavioni and Meremaraea Velma Tinirau MacQuarie
    • Privy Council
    • 22 Octubre 2012

    But the case does not concern the property law of any part of the United Kingdom. We are told by both parties that the relationship between the indigenous people and their ancestral land through tika'anga (right, authority) is an essential component of their identity. This was recognised by the Waitangi Tribunal in New Zealand ( Report on the Crown's Foreshore and Seabed Policy, Chapter 1, paragraph 1): Nobody disputes that this is equally true of the Maori of the Cook Islands.

  • Griggs Group Ltd v Evans
    • Chancery Division
    • 12 Mayo 2004

    It seems to me that when a free-lance designer is commissioned to create a logo for a client, the designer will have an uphill task if he wishes to contend that he is free to assign the copyright to a competitor. This is because, in order to give business efficacy to the contract, it will rarely be enough to imply a term that the client shall enjoy a mere licence to use the logo, and nothing more.

  • The descendants of Utanga and Arerangi Tumu v The descendants of Iopu Tumu
    • Privy Council
    • 22 Octubre 2012

    The judgment of the Board in the associated case of Baudinet v Tavioni [2012] 35 emphasises the special character and importance of ancestral property to the indigenous peoples of the Cook Islands, which transcends any commercial significance. This has been recognised by domestic legislation since the islands became part of New Zealand in 1901. As will be seen, such property is generally inalienable, subject to restrictive conditions supervised by the courts.

See all results
Legislation
  • Wildlife and Natural Environment (Scotland) Act 2011
    • Scotland
    • 1 de Enero de 2011
    ... ... (4) In section 2 (exceptions to section 1) —(a) in the title, at the end add “ : acts by certain persons outside close season ”,(b) ... 2012/281, art. 2(2)) ... Non-native species etc ... 14: Non-native species etc ... (1) The 1981 Act is ... ...
  • Antarctic Act 1994
    • UK Non-devolved
    • 1 de Enero de 1994
    ... ... —(a) intentionally kill, injure, capture, handle or molest any native mammal or native bird,(b) while on foot intentionally disturb a breeding ... 1997/3068, art. 2 ... 36: Short title ... This Act may be cited as the Antarctic Act 1994 ... ChapterShort ... ...
  • Antarctic Treaty Act 1967
    • UK Non-devolved
    • 1 de Enero de 1967
    ... ... by or under this Act,(a) wilfully kill, injure, molest or take any native mammal or native bird, or(b) gather any native plant within a specially ... Marginal Citations # M1 1948 c. 56 ... 11: Short title ... This Act may be cited as the Antarctic Treaty Act 1967 ... ...
  • Import of Live Fish (England and Wales) Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ... ... of live fish, or the live eggs of fish, of a species which is not native to England and Wales and which in the opinion of the Minister might ... 5: Short title and extent ... (1) This Act may be cited as the Import of Live Fish ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Mining Laws And Regulations 2021
    • Mondaq UK
    ... ... Alternatively, the freehold title to the land can be acquired, but ... this happens relatively rarely in ... Separate rules apply in Scotland and Northern Ireland ... 10. Native Title and Land Rights ... 10.1 Does the holding of native title or other ... ...
  • Mining Comparative Guide
    • Mondaq UK
    ... ... owned by the Crown and those owned by private entities with legal title to the relevant land over the minerals ... The general principle in ... Although there is no concept of native title in English law and therefore no applicable indigenous rights, there ... ...
  • Mining Law 2024
    • Mondaq UK
    ... ... Alternatively, the freehold title to the land can be acquired, but ... this happens relatively rarely in ... Separate rules apply in Scotland and Northern Ireland ... 10. Native Title and Land Rights ... 10.1 Does the holding of native title or other ... ...
  • Mining Laws And Regulation 2023
    • Mondaq UK
    ... ... Alternatively, the freehold title to the land can be acquired, but ... this happens relatively rarely in ... Separate rules apply in Scotland and Northern Ireland ... 10. NATIVE TITLE AND LAND RIGHTS ... 10.1 Does the holding of native title or other ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT