New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Subdivision of land

  • 31 Jul 2009

    PETER WILLIAM MAWHINNEY V WAITAKERE CITY COUNCIL CA CA136/2009

    Citation
    openlaw-2c53af32_ed9e_46c5_b7c7_6fde7856b4b6.pdf
    Court
    Court of Appeal

    The application for special leave was declined because the points raised do not disclose arguable questions of law; s11 RMA presumes subdivision is prohibited unless expressly allowed or authorised by resource consent, certificates of compliance under s139 are only available where the activity is permitted in all respects, and combined or compartmentalised applications attempting to use certificates plus consents to circumvent s11 are invalid and constitute an abuse of process.

    • Subdivision of land
    • Certificate of compliance (s139 rma)
    • Section 11 rma
    • Abuse of process
    • Leave to appeal
    • Combined applications for consent and certificates

  • 27 Mar 2007

    GUNSON AND IMMS V IMMS AND OTHERS HC WHA CIV 2003-404-545

    Citation
    openlaw-2332df11_2ee6_4a9d_b6ee_8f4f5a5b911c.pdf
    Court
    High Court

    Because the second respondents successfully resisted any variation of the will and the Court of Appeal clarified the High Court lacked the jurisdiction sought by the trustees, costs are awarded to the second respondents on a 2B basis to be paid by the estate; valuer's fees attributable to the proceedings are recoverable and, if not precisely ascertainable, an estimated 40% allocation may be applied.

    • Family protection act claim
    • Trustee directions
    • Subdivision of land
    • Costs assessment
    • Recoverability of expert/disbursement costs
    • Jurisdiction of trustee act