5 Dec 2019
THE PROPRIETORS OF POTIKIRUA BLOCK INCORPORATION v TE KANI [2019] NZHC 3200 _x000b_
- Citation
- [2019] NZHC 3200
- Court
- High Court
Although the transfer and subdivision did not comply with Māori land statutory requirements (no partition order under the Māori Land Court process, no shareholders' resolution, and improper affixing of the incorporation seal), the transfer was registered under the Land Transfer Act and the transferee obtained an indefeasible title. There was no evidence the transferee had notice of statutory defects or acted unconscionably; advisers and officials involved held the view partition was not required and the transfer proceeded transparently. Consequently equitable remedies (resulting trust/unjust…