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Volume 2023 Part 15 is now available online.

Su v Shui — [2023] NZFLR 656

Relationship property — Division and classification of property — Whether advances from parents are gifts, therefore relationship property to be shared equally, or loans therefore relationship debts to be shared equally — Whether property owned by applicant was her separate property or relationship property to be shared equally — Whether applicant or respondent were entitled to certain sums as compensation under s 18B of Property (Relationships) Act 1976 — Property (Relationships) Act 1976, ss 10(3), 18, 18B and 20.

Norton v Tyler — [2023] NZFLR 675

Care of children — Principles — Child’s participation in decisions affecting them — Child’s views on parent to have care — Views expressed by children of five years — Relationship between views of such children and children’s welfare and best interests — Care of Children Act 2004, ss 4, 5 and 6.

Care of children — Principles — Preservation and strengthening of child’s relationship with family group, whanau, hapū or iwi — Children raised in Māori-speaking home — Parents desired children be grounded in Te Ao Māori — Attendance and participation of children at whānau, hapū or iwi activities — One parent better positioned to facilitate such attendance and participation than father — That parent should have care of those children — Care of Children Act 2004, ss 4, 5 and 6.

Hamblin v Magrath — [2023] NZFLR 695

Protection order — Grounds for making protection order — Status and jurisdiction to include children in protection order — Grounds for including associated respondent in protection order — Family Violence Act 2018, ss 8, 9(3), 12, 62, 79, 86(1) and 89(1) — Care of Children Act 2004, ss 31 and 33.

Rob Batty & Kevin Glover

RRP*incl GST: $160.00 $144.00 (pre-order price)

ISBN: 9781988598628 (book)                                 

Projected publication date: July 2024

Volume 21 issue 2 is now available online.

This issue includes comment on key recent cases on the sale of land, landlord and tenant, co-ownership, nuisance and compulsory acquisition of land.

PDF | Lexis Advance

 

Volume 24 Part 9 is now available online.

Wrenn (as trustees of the Philippa Wrenn Family Trust) v Boughen — (2023) 24 NZCPR 628

Sale of land — Misrepresentation — Pre-contractual misrepresentation — No obligation on vendor to disclose defects in quality — Conclusions reached as to defects in property were attributable to purchaser’s assumptions and not documentation provided by vendor — Contract and Commercial Law Act 2017, s 35.

Sale of land — Common mistake — House situated on land was major part of subject matter of sale and purchase agreement — Mistake as to quality of roof was as to essential nature of important aspect of house — Parties influenced by common mistake that roof was generally sound for its age and did not require repair by reason of appreciable fire damage — Vendors largely caused mistake because they were able to provide information about house — Common mistake resulted in significantly unequal exchange of values — Purchasers’ loss should be assessed by reference to difference in value — Difference in value should be adjusted by fair deduction to spread loss occasioned by common mistake — Contract and Commercial Law Act 2017, s 24.

Lauder (as trustees of the Tuscany Trust) v Walmsley — (2023) 24 NZCPR 666

Sale of land — Vendor’s warranty — Equitable set-off — Summary judgment — Purchasers refusing to repay vendor finance alleging breach of vendor warranty — Whether vendor carried out unconsented building work — Cost to remedy building works and obtain code compliance certificate — Diminution in value of property — Standing to bring claim as purchaser nominated trust — Whether purchaser expressly assigned right to sue for breach of contract to trustees — Whether purchaser or trustees suffered loss — Interdependence of claims — Whether claims under loan agreement and claims under vendor warranty separate claims — Court’s residual discretion — Contract and Commercial Law Act 2017, ss 12 and 17 — (REVIEW) High Court Rules 2016, r 12.2(1) — Property Law Act 2007, s 50(1).

Minister for Land Information v Mundy (as trustees of the Mundy Trust) — (2023) 24 NZCPR 687

Public works — Compulsory acquisition — Compensation — Appeal against amount of compensation awarded — Acquisition of farm land for state highway — Disturbance payments — Compensation for business loss — What comprises full compensation — Existing use of land for market gardening — Whether Tribunal required to accept that highest and best use of land for valuing it was for lifestyle purposes — Consideration of Horn v Sunderland Corporation — Separate legal entities — Land Valuation Proceedings Act 1948, s 26 — Public Works Act 1981, ss 60, 62, 66, 68 and 90.

Volume 24 Part 10 is now available online.

Homestead Bay Trustees Ltd v Fiordland Experience Group Ltd — (2023) 24 NZCPR 706

Caveats — Application for removal — Agreement providing for option to purchase lots in land to be subdivided — Was agreement granting option enforceable — Had agreement been obtained fraudulently by misrepresentation — Was agreement illegal under Real Estate Agents Act 2008 — Had agreement been validly avoided under Companies Act 1993 — Time limit — Disclosure to shareholders of interest by directors — Fair value — Had agreement been cancelled through counterclaim for damages — Contract and Commercial Law Act 2017, s 72 — Companies Act 1993, ss 131, 139, 140, 141 — Land Transfer Act 2017, s 142 — Real Estate Agents Act 2008, ss 6, 126.

Southern Ranges Ltd v Commissioner of Crown Lands — (2023) 24 NZCPR 733

Leases — Pastoral lease — Right of renewal — Land subject of lease included land reserved permanently from sale by Governor — Lessee purported to exercise right of renewal in respect of land including reserved land — Commissioner declined to renew lease with reserved land included — Commissioner correct in declining to renew lease because reserved land could only be subject of renewed lease by concession under Conservation Act 1987 — Lessee obtained registration of lease including reserved land confirming lessee’s indefeasible title — Registered lease did not impliedly extinguish or revoke reservation of reserved land — Indefeasibility of lessee’s title under registered lease did not prevail against the reservation of reserved land because reservation created status of, and not estate or interest in, land — Public Reserves Act 1881, ss 2 and 3 — Land Act 1892, ss 235, 236 and 237 — Land Act 1948, ss 51, 62 and 66 — Reserves Act 1977, ss 2, 24, 25, 27 and 59A — Conservation Act 1987, ss 2, 17O and part 3B — Reserves Amendment Act 1996, s 21 — (NZ) Crown Pastoral Land Act 1998, s 13 — Land Transfer Act 2017, ss 24 and 51.

Guppy v Wohler — (2023) 24 NZCPR 774

Caveats — Application to sustain — Alleged oral agreement for sale and purchase of land — Whether entitled to specific performance through part-performance — Dispute over whether oral agreement existed — Dispute over terms of agreement — Mother helping son with purchase of property — Land Transfer Act 2017, s 143 — Property Law Act 2007, s 24.

Neil Campbell

RRP*incl GST: $150.00 $135.00 (pre-order price)

ISBN: 9781988598932 (book)                             

Projected publication date: June 2024

Thomas Gibbons & Charlotte Muggeridge

RRP*incl GST: $150.00 $135.00 (pre-order price)

ISBN: 9781988598567 (book)

Projected publication date: July 2024

Ben Thompson

RRP*incl GST: $130.00

ISBN: 9781988598253 (book)

ISBN: 9781988598260 (ebook)

Publication date: 21 December 2023

The New Zealand Women’s Law Journal Trust

RRP*incl GST: $30.00

ISBN: NZWLJ2023VOL8 (book)                                          

Publication date: 20 March 2024