17 Sept 2013
ANDERSON v FM CUSTODIANS LTD and ANOR [2013] NZHC 2423
- Citation
- (2013) 15 NZCPR 123
- Court
- High Court
The Tribunal and District Court erred in law by treating Unit Q as "residential premises" for the purposes of s65 RT Act where the resource consent imposes an age restriction that makes residential use otherwise unlawful; accordingly the RT Act does not furnish a s65 remedy in these circumstances and competing claims arising from the mortgagee sale must be assessed under the Land Transfer Act regime (s105) and related property law principles; the Tribunal does have jurisdiction to determine whether an asserted life interest amounts to a tenancy, but here the deed did not create a fixed term t…