Native Title in UK Law
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June Margaret Baudinet v Ellen Tavioni and Meremaraea Velma Tinirau MacQuarie
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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.
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Griggs Group Ltd v Evans
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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.
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The descendants of Utanga and Arerangi Tumu v The descendants of Iopu Tumu
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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.
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Wildlife and Natural Environment (Scotland) Act 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 ... ...
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Antarctic Act 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 ... ...
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Antarctic Treaty Act 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 ... ...
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Import of Live Fish (England and Wales) Act 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 ... ...
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Public Benevolent Institutions for Native Title Groups: An Underappreciated Model?
There has been limited research into the relevance of public benevolent institutions (‘PBI's) to the management of native title benefits. Despite this omission, a new, tax-effective, structure was ...
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Native Title Tax Reforms: Bull's Eye or Wide of the Mark?
Twenty years on from Mabo v Queensland (No 2) (1992) 175 CLR 1, there is change afoot in the tax treatment of native title. On 25 June 2013, the federal Parliament passed reforms which render certa...
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Communal Native Title and the Common Law: Further Thoughts on the Gove Land Rights Case
Mr Priestley disagrees with the view expressed by Dr Hookey in his article “The Gove Land Rights Case”, that to a limited extent the common law recognized native communal title to land. Instead he ...
- The Income Taxation of Native Title Agreements
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Mining Laws And Regulations 2021
... ... 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 ... ...
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Mining Comparative Guide
... ... 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 ... ...
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Mining Law 2024
... ... 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 ... ...
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Mining Laws And Regulation 2023
... ... 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 ... ...