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1 In law, anything attached to the land is part of the land itself e.g. a fence post driven into the ground 2 Buying land

1 In law, anything attached to the land is part of the land itself e.g. a fence post driven into the ground

2 Buying land under the Torrens system carries greater risk than buying land held under deed

3 The government guarantees good title to land bought under the Torrens system absent fraud

4 The owner of land under the Torrens system is whoever is named as owner on the Register in the

Land Registry Office and title transfers from vendor to buyer when the Register is altered

5 If land under the Torrens system is sold, it has a new owner when the Register is altered, not earlier

when the purchase price is paid to the existing owner

6 The Crown in New Zealand is virtually the government of New Zealand

7 Unless someone can show good title to land in New Zealand it must be owned by the Crown

8 In 1840 Mori had similar understanding of land ownership to the English system

9 All land bought from Mori in the first decades of colonial rule was bought fairly

10 The English in 1840 saw land as property which could be bought and sold owned by individuals

whereas Mori thought land was in their communal care to pass onto to future generations

11 The Torrens system of land ownership developed from a combination of a ship registration system,

the old English customary practice of copyhold, and a Roman-Dutch system of land transfer

12 Buying land under the Torrens system is riskier than buying land held under deed

13 In thedeed system of land ownership the deed document itself shows ownership of land

14 In the Torrens system of land ownership the Register at the Registry Office shown ownership

15 In the deed system of land ownership the deed shows who owns the land until someone else

can show they have better title

16 If Mori land was held communally under the care of Iwi in 1840, then a difficulty of the validity of its

sale and purchase was who in the iwi exactly had the necessary authority to sell it

17 An iwi was the largest political entity in pre-Treaty of Waitangi times and it typically comprised

several related hap which consist of family groupings or whanau

18 Land was at the root of problems between settlers, predominantly British, and Mori both before

and after the Treaty of Waitangi was entered into whereas sovereignty was not an issue

19 Because early Mori lacked writing being an oral society, when they discussed the Treaty document

before deciding whether to sign it, it is reasonable to assume they believed the writing confirmed

what they were told it meant and what effect it would have on them

20 The Treaty was written in both Mori and English with identical meanings of the two versions

21 A Treaty is a form of contract between states

22 The Treaty was short, to the point and a model of clarity with no alternative meanings possible

23 Under English law in 1840, when a contract is complete in its essential terms when reduced to writing

there is no need for pre-agreement material such as discussions to be considered, so once Mori

had signed the Treaty, what had been discussed beforehand was irrelevant in English law

24 If certain criteria are present in a negotiation then a contract may have come into existence which

will create obligations on the negotiating parties which are enforceable in court

25 If the same criteria are present as in the immediate statement above, but there is no 'intention to

create legal relations' present, then the obligations are only morally binding on the parties

  • Please judge whether these are true or false
  • This is about New Zealand law
  • These statements are true questions to determine whether he is wrong or correct

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