Native Title in UK Law

Leading Cases
  • June Margaret Baudinet v Ellen Tavioni and Meremaraea Velma Tinirau MacQuarie
    • Privy Council
    • 22 Oct 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 May 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 Oct 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.

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Legislation
  • Antarctic Treaty Act 1967
    • UK Non-devolved
    • January 01, 1967
    ......   . ( a . ) wilfully kill, injure, molest or take any native mammal. or native bird, or. .   . ( b . ) gather any native plant ...Act. S-11 . Short title. 11 Short title. . 11. This Act may be cited as theAntarctic Treaty Act ......
  • Antarctic Act 1994
    • UK Non-devolved
    • January 01, 1994
    ...... . (a) intentionally kill, injure, capture, handle or molest any. native mammal or native bird,. . . (b) while on foot intentionally disturb a ...different provisions and different purposes. S-36 . Short title. 36 Short title. . 36. This Act may be cited as theAntarctic Act 1994. ......
  • Army Act 1881
    • UK Non-devolved
    • January 01, 1881
    ...... Preliminary. Preliminary. . S-1 . Short title of Act. 1 Short title of Act. . 1. This Act may be cited for all ...Governor General; and in the territories of any native. state in India, the person performing the duties of the. office of ......
  • The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants) (England) Order 2014
    • England & Wales
    • January 01, 2014
    ...... Joint Nature Conservation Committee, being the advisory body he considered was best able to advise him as to whether this Order should be made.Title, commencement, extent and application. 1. This Order-(a) may be cited as the Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive ......
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Books & Journal Articles
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Law Firm Commentaries
  • Mining Comparative Guide
    • Mondaq UK
    ...... exploration rights and mining rights, what other mining rights and titles exist (eg, artisanal or small-scale mining rights)? . There are no ... Although there is no concept of native title in English law and therefore no applicable indigenous rights, there ......
  • 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 ......
  • Native Advertising Once Again In The Spotlight
    • Mondaq United Kingdom
    ......The complaints were over whether or not the advertising, which showed images and text under the title "You may also like these", was identifiable as marketing. Outbrain confirmed that they did not own the websites where the banners were placed and ......
  • Title Troubles - Commingled And Blended Petroleum
    • Mondaq UK
    ......Some underground storage facilities will also contain native gas originally in the reservoir. Usually, the agreement between the facility owner and the facility user will provide that the user retains title ......
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