New Zealand Case Law: Decisions & Judgments

Topic

Land transfer act s62

Legal area

Court

17 Mar 2015

MCARTHUR RIDGE TRUSTEE LTD v FM CUSTODIANS LTD [2015] NZHC 496

Citation

[2015] NZHC 496
Court

High Court

The application to consolidate was dismissed because the first declaration (construction of the encumbrance) is a discrete, determinative issue suitable for immediate declaratory determination, whereas the second and third declarations are factually intertwined with issues in the Alemann proceeding (notably the status of the management agreement) and therefore should be stayed or determined within the Alemann proceeding; accordingly the Court stayed the second and third declarations and made ancillary procedural orders.
17 Dec 2014

QUEEN ELIZABETH THE SECOND NATIONAL TRUST v GREEN GROWTH NO 2 LIMITED [2014] NZHC 3275

Citation

(2014) 15 NZCPR 785
Court

High Court

QEII Act open space covenants, once notified on title, are interests in land and attract the protection of indefeasibility under Land Transfer Act s62; the covenant before the Court contained a common, continuing intention between the Trust and the original covenantor that was defeated by a drafting/clerical mistake and therefore should be rectified to reflect that intention; rectification is available against a successor in title who had actual notice of the covenant and of the defect; the defendant's counterclaims challenging the covenant are largely precluded by indefeasibility and the wro…
23 Jun 2006

BARKER V QUEENSTOWN LAKES DISTRICT COUNCIL HC INV CIV 2005-425-000453

Citation

openlaw-f66017ae_0102_42e6_ba39_670d50759d0b.pdf
Court

High Court

The consent notice was irregular because it did not specify any condition of the subdivision consent (it did not reflect Condition 5); notwithstanding that irregularity, the Court declined to set it aside by judicial review because statutory indefeasibility principles, the protection of purchasers who relied on the registered notice and Parliament's prescribed s221(3)/(3A) review/variation process meant the appropriate route was statutory variation rather than direct court intervention; therefore the judicial review application was dismissed.

New Zealand Case Law

MCARTHUR RIDGE TRUSTEE LTD v FM CUSTODIANS LTD [2015] NZHC 496

QUEEN ELIZABETH THE SECOND NATIONAL TRUST v GREEN GROWTH NO 2 LIMITED [2014] NZHC 3275

BARKER V QUEENSTOWN LAKES DISTRICT COUNCIL HC INV CIV 2005-425-000453