TE WHANAU O RANGIWHAKAAHU HAPU CHARITABLE TRUST v CHIEF EXECUTIVE, LAND INFORMATION NEW ZEALAND [2013] NZSC 67

TE WHANAU O RANGIWHAKAAHU HAPU CHARITABLE TRUST v CHIEF EXECUTIVE, LAND INFORMATION NEW ZEALAND [2013] NZSC 67

Leave to appeal was refused because the applicants challenged concurrent factual findings of the High Court and Court of Appeal concerning the Surveyor‑General's assessment under s 52, raised no question of general or public importance, and failed to show any miscarriage of justice warranting the grant of leave.

Citation
[2013] NZSC 67
Parties
First Applicant: Te Whanau O Rangiwhakaahu Hapu Charitable Trust; Second Applicant: Friends of Matapouri Incorporated; First Respondent: Chief Executive, Land Information New Zealand; Second Respondent: Attorney-General
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
9 July 2013
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed at Supreme Court Level
Outcome
Application for leave to appeal dismissed
Legal Topics
Surveyor General Powers, Section 52 Cadastral Survey Act 2002, Boundary Correction, Costs
Cadastral Law Property Law Administrative Law Surveyor General Powers Section 52 Cadastral Survey Act 2002 Boundary Correction Costs

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Parties

Te Whanau O Rangiwhakaahu Hapu Charitable Trust

First Applicant

Friends of Matapouri Incorporated

Second Applicant

Chief Executive, Land Information New Zealand

First Respondent

Attorney-General

Second Respondent

Procedural Posture

Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed at Supreme Court Level

Legal Issues

  1. 1 Whether the Surveyor-General failed to comply with s 52 of the Cadastral Survey Act 2002 by declining to direct correction of the cadastre
  2. 2 Who must determine whether an error exists for the purposes of s 52 and to what standard
  3. 3 Proper treatment of pegs and water boundaries in cadastral boundary determinations

Ratio Decidendi

Leave to appeal was refused because the applicants challenged concurrent factual findings of the High Court and Court of Appeal concerning the Surveyor‑General's assessment under s 52, raised no question of general or public importance, and failed to show any miscarriage of justice warranting the grant of leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Applicants to pay respondents costs of $2,500 plus reasonable disbursements to be fixed by the Registrar