Comments & Decisions

[2013] NZSC 147 This was a successful appeal against a decision that a contract settling proceedings under the Public Works Act had been frustrated by the subject premises catching fire. The appellant operated a childcare business on land leased from Auckland Council (the respondent). The settlement agreement resolved issues between the parties arising from the

[2013] NZSC 42 This was an appeal against a Court of Appeal decision in which a compulsory easement was granted over the appellant’s land for 3 electricity towers. The NZTA was undertaking a road-widening project and wanted to move 3 electricity towers owned by Orion NZ Ltd, a network utility operator onto the appellant’s land

[2013] NZLVT 1 (13 March 2013) This was an application based on s 66 Public Works Act (disturbance payments). The issue was whether holding costs and abortive expenditure could be compensated under s 66. NZTA had an interest in acquiring the subject property in contemplation of a motorway development. NZTA offered to purchase the property

[2013] NZLVT 3 (24 October 2013) Mr Wu was the owner of a residential property and objected to the valuation of his property by Auckland Council. The caluation of the land as at 1 July 2011 was originally assessed as $750,000.00, and was subsequently revised as $680,000.00. Mr Wu disagreed, and estimated the land value

(High Court, 11 September 2013, Heath J, [2013] NZHC 2367) These three judicial review proceedings were heard together and involve questions regarding eligibility under the Weathertight Homes Resolution Services Act 2006 (the Act), access under the Financial Assistance scheme (FAP) and who the “decision maker” is in regard to that scheme. Adina Thorn Lawyers acts

(District Court, 31 January 2013, Auckland, Judge Sinclair, CIV-2012-004-2027) The above case involved a successful objection to a notice to enter land issued by the Minister for Land Information under section 111 of the Public Works Act 1981. Note: Adina Thorn Lawyers acted for the objectors. Background The notice related to the roading project by

(High Court, 30 October 2012, Wellington, Simon France J, CIV-2012-485-2017) Background This case involved a protracted dispute between Mr Pilkington and Fidelity Life Insurance Company Limited (Fidelity). Mr Pilkington became unable to work is 2004.  He held income protection insurance with Fidelity, and Fidelity initially accepted his entitlement to monthly income payments.  However, a dispute

(High Court, CIV 2010-476-624, 13 June 2012, Chisholm J) This was an unsuccessful originating application by The Institute of Cadastral Surveying Incorporated (the Institute) seeking a declaration as to what comprises the component parts of a Cadastral Survey Dataset and who is responsible or liable for each of those component parts.. Background Land Information New

(Spencer on Byron, Supreme Court, [2012] NZSC 83, Elias CJ, Tipping, McGrath, William Young and Chambers JJ) In a significant decision released on 11 October 2012, the Supreme Court decided that the Council owes a duty of care in tort to owners of mixed residential and commercial buildings. This has major implications for leaky homeowners

(Court of Appeal, CA60/2011, 7 June 2012, Arnold, Randerson and Stevens JJ) This successful appeal confirms that the Government is able to compulsorily acquire land that is indirectly required for government work. Background The Minister of Land Information considered that Ms Seaton’s land was required to relocate electricity towers owned by Transpower and Orion so