Foreshore and Seabed Act 2004 No 93 (as at 01 January 2009), Public Act

10 Jurisdiction of High Court
  • (1) On and from the commencement of this section, the jurisdiction of the High Court to hear and determine, whether under an enactment or under any rule of law or by virtue of its inherent jurisdiction, any customary rights claim is replaced fully by the jurisdiction of the High Court under section 33 and Part 4, and the jurisdiction of the Māori Land Court under Part 3.

    (2) In this section and in section 11, customary rights claim means any claim in respect of the public foreshore and seabed that is based on, or relies on, customary rights, customary title, aboriginal rights, aboriginal title, the fiduciary duty of the Crown, or any rights, titles, or duties of a similar nature, whether arising before, on, or after the commencement of this section and whether or not the claim is based on, or relies on, any 1 or more of the following:

    • (a) a rule, principle, or practice of the common law or equity:

    • (c) the existence of a trust:

    • (d) an obligation of any kind.