New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Relational duty of good faith

  • 19 Dec 2014

    PROPRIETORS OF WAKATŪ v ATTORNEY-GENERAL CA436/2012 [2014] NZCA 628

    Citation
    [2014] NZCA 628
    Court
    Court of Appeal

    The Court declared Mr Stafford has standing but dismissed the appellants' private law claims against the Crown: no enforceable private fiduciary duty was established because the Crown's actions involved balancing competing public and private interests and there was no clear undertaking or duty of loyalty; the alleged express trust failed for lack of requisite certainties (intention/subject matter in relation to rural 'uplift' sections); resulting and constructive trust claims failed; settlement legislation and delay/laches weigh against reopening historical redress through private law remedie…

    • Standing
    • Express trust
    • Resulting trust
    • Constructive trust
    • Fiduciary duty
    • Relational duty of good faith

  • 28 Nov 2012

    THE PROPRIETORS OF WAKATU v THE ATTORNEY-GENERAL SC 68/2012

    Citation
    SC 68/2012
    Court
    Supreme Court

    Leave to appeal directly was declined because the applicants failed to show exceptional circumstances under s 14; the claims in Wakatu differ materially from Paki and require intensive factual examination that warrants consideration by the Court of Appeal first.

    • Express trust
    • Resulting trust
    • Constructive trust
    • Relational duty of good faith
    • Crown acquisitions
    • New zealand company reserves