28 May 2015
WAIKATO-TAINUI TE KAUHANGANUI INC v HOUSING NEW ZEALAND CORPORATION [2015] NZHC 1163
- Citation
- [2015] NZHC 1163
- Court
- High Court
Clause 25 was intended only to give effect to s11 of the Waikato Raupatu Claims Settlement Act 1995 and not to create broader rights; because s11 did not require the offer or re-offer to WTK (sale was to an existing tenant and prices were effectively the same), the SEKCAI-HNZC agreement of 20 September 2013 remained a binding unconditional contract and SEKCAI's equitable interest has priority; accordingly specific performance in favour of WTK is refused and WTK's remedy is damages (quantum reserved).