"Vexatious and an Abuse of the Process of the Court": The Assets Company v Mere Roihi Cases

Abstract

The history of the Assets Co v Mere Roihi decision, a well-known early Privy Council authority on indefeasibility of title under the Torrens system of land registration, illustrates the vulnerability of Maori to irregular land acquisition methods during the late 19th century. It also highlights the inadequacies of the Native Land Court system at the time. The author argues that the policy demands for legal certainty created a hidden and undue cost on the Maori participants: as a result of the case, Maori lost their main opportunity to gain redress for effectively or actually fraudulent dealings in their lands, and for mistakes made by the Land Court.