New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Land covenants

Legal area

Court

15 May 2017

LAU v AUCKLAND COUNCIL [2017] NZHC 1010

Citation

[2017] NZHC 1010
Court

High Court

The High Court held that the appellant's grounds were factual disputes and did not raise questions of law within s299 RMA; the appellant failed to show a seriously arguable legal error in the Environment Court's findings and the appeal was therefore dismissed; costs awarded to the respondent.
2 Mar 2009

COUNTIES MANUKAU PACIFIC TRUST V MANUKAU CITY COUNCIL HC AK CIV 2008-404-003214

Citation

openlaw-bd546938_6b31_44d9_b337_a9ba4f51acc7.pdf
Court

High Court

The Court held that, on the facts and contractual matrix, the Council owed limited fiduciary duties to the Trust in relation to ensuring compatible use, timeliness of development, registration of land covenants and consultation/marketing for future resale, but it did not owe a fiduciary duty to account net resale proceeds to the Trust nor was a constructive trust imposed over resale proceeds.