21 Aug 2013
HOLM-HANSEN v JOHNSON [2013] NZHC 2129
- Citation
- [2013] NZHC 2129
- Court
- High Court
The review partly succeeds: the Associate Judge was correct to refuse to strike out the plaintiff's civil claims concerning access/interest in the Whau Bay property and correct to refuse to strike out the 'bundle of rights' cause of action because the doctrine is undeveloped and the claims relate to trust interests left open by the s21 agreement; however the PRA ss44 and 44C claims (disposition to defeat) are struck out as untenable because Mr Johnson could not have intended in 1992 to defeat rights that did not legally exist until legislative change in 2001, and those PRA claims were encompa…