New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S325 property law act 2007

Legal area

Court

30 Apr 2015

GRAFTON ROAD LIMITED v WHITE & ORS [2015] NZHC 880

Citation

[2015] NZHC 880
Court

High Court

Consolidation was refused as inappropriate given multiplicity of parties, differing legal issues, lack of readiness and risk of injustice. The uncontradicted expert evidence established a substantial encroachment; the corridor walls were not load bearing and could be removed and reinstated at reasonable cost. Given Council Notice to Fix, non-compliance with the Building Code, prejudice to other unit owners and refusal of respondents to accept a substituted plan, the Court exercised its discretion to order removal of the encroaching walls under s325 Property Law Act 2007 and to order a s74 Uni…
5 Oct 2011

BRUCE LESLIE DUNCAN V ALICIA JEAN TAYLOR HC AK CIV-2007-404-296

Citation

openlaw-618ce273_6491_443c_9d04_8245ddbdde25.pdf
Court

High Court

The Court held that s325(4) of the Property Law Act 2007 exempts dispositions made to give effect to an order under s325(1) from Part 10 of the RMA, that the defendants were not seeking to avoid council Code Compliance Rules, and that the Court could and should make the specific supplemental orders sought to permit cancellation of existing titles and issuance of new composite computer registers to implement the earlier judgment; leave was reserved for any further necessary orders including as to costs.