6 Dec 2023
KAIMAI PROPERTIES LTD v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2023] NZHC 3433 [6 December 2023]
- Citation
- [2023] NZHC 3433
- Court
- High Court
Court held s 22(1) is an enabling discretionary provision and does not require the Trust to treat and agree with all holders of registered or unregistered interests; plaintiffs' proven interests were a discharged mortgage and a profit‑à‑prendre confined to the mapped quarry zone which the covenant did not affect; registration produced an indefeasible title and no convincing fraud/in‑personam or manifestly unjust statutory exception under the 2017 Act was established; the s 22A refusal was lawful because unanimity was not achieved and adequate reasons were provided; equitable fiduciary and "su…