26 Feb 2019
On uncontradicted affidavit evidence that Colin lacked capacity and had been validly removed as trustee, and that no interested parties existed or facts were in dispute, it was expedient to vest the land in the current trustees under s52(1)(h) Trustee Act 1956 and to proceed by Originating Application under Part 19 with service dispensed.
30 Mar 2010
The Family Court may make orders vesting and partitioning relationship property and identify ownership of defined lots, but it has no jurisdiction under the PRA to effect a statutory subdivision or to direct the Registrar-General to deposit a survey plan or to issue titles; those functions are governed by the RMA and Land Transfer Act, and the Registrar-General was correct to refuse to deposit the plan and issue titles absent RMA/LTA compliance.
7 Dec 2009
The appeal is dismissed because no arguable question of law was identified; registered title under the Land Transfer Act 1952 vested legal title in The Bishops Choice Ltd extinguishing customary rights, so the company is entitled to possession.