New Zealand Case Law: Decisions & Judgments

Topic

Parking rights

Legal area

Court

12 Mar 2014

BODY CORPORATE 341188 v DISTRICT COURT AT AUCKLANDC [2014] NZHC 442

Citation

[2014] NZHC 442
Court

High Court

The Instruments do not confer express or implied rights to use Area A or a right of way over Lot 4; any prior rights used by Lot 2 derived from ownership of an undivided one half share in Lot 4 and were lost on de-amalgamation; the District Court's extinguishment of the Land Covenant was quashed because interested parties were not properly informed/served and the Court was misled.
23 Dec 2011

CAP D'AMARRES RESIDENTS' ASSOCIATION INCORPORATION V EDWARDS HC AK CIV-2011-404-6434

Citation

openlaw-bc253f07_35c4_4dbc_b8eb_2a896ad99693.pdf
Court

High Court

The Court found there was a serious issue to be tried and that the balance of convenience favoured reinstating the cancelled swipe card for the sublicensee immediately, but subject to a condition limiting parking on the relevant lot (lot 11) to no more than two vehicles at any one time; other relief sought was refused and the matter was adjourned to the substantive hearing date with costs reserved.
30 Jun 2011

NICOLE SONG, MARIA SONG AND DOUGLAS ANDREW BURGESS V JASON CHUN HON CHAI HC AK CIV 2011-404-000422

Citation

openlaw-c009fc52_5558_4de9_ad2b_e99ebe2f5c0d.pdf
Court

High Court

On the summary judgment record the Court found clause 11 should be interpreted to prohibit parking on the common area except for short temporary use for arrival/departure, but there was insufficient evidence to conclude on summary judgment that the garage conversion constituted a structural alteration requiring lessees' consent; factual disputes (including waiver/estoppel and provenance of the conversion) and public law processes justified refusal of mandatory injunctions and referral to trial.

New Zealand Case Law

BODY CORPORATE 341188 v DISTRICT COURT AT AUCKLANDC [2014] NZHC 442

CAP D'AMARRES RESIDENTS' ASSOCIATION INCORPORATION V EDWARDS HC AK CIV-2011-404-6434

NICOLE SONG, MARIA SONG AND DOUGLAS ANDREW BURGESS V JASON CHUN HON CHAI HC AK CIV 2011-404-000422