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Compulsory acquisition rights not so sweeping after all
- Chapman Tripp
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- New Zealand
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- May 7 2013
The government's rights of compulsory acquisition can be invoked to acquire land needed directly, or indirectly, for government projects. But the
Insurance: NZ earthquake case on red zones
- CMS Cameron McKenna
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- New Zealand
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- April 25 2013
A recent decision in New Zealand (O'Loughlin v Tower Insurance) concerning the recoverability of losses to a property as a result of it being in the
Case clarifies scope of disturbance payments in Public Works Act
- Chapman Tripp
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- New Zealand
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- March 21 2013
The scope of the "disturbance payments" recoverable by land-owners under section 66 of the Public Works Act 1981 (PWA) was clarified last week in a
Let the home buyer beware
- Chapman Tripp
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- New Zealand
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- March 4 2013
Follow your head not your heart when buying your dream home. That is the effect of a recent decision in which the High Court slashed the claim of a
Ensure you register that forestry right Halliday v Bank of New Zealand
- Simpson Grierson
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- New Zealand
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- February 15 2013
This case, heard in the Wellington High Court, highlights the importance of completing the registration of a registrable interest. In this case, the
Supreme Court confirms that councils owe a duty of care to owners of commercial buildings
- Buddle Findlay
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- New Zealand
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- December 21 2012
It is well-settled law that a territorial authority owes a duty of care to present and future owners in respect of inspection and certification for building code compliance in the case of residential properties
Occupant restrained from removing fixtures during mortgagee sale
- Buddle Findlay
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- New Zealand
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- December 11 2012
In Westpac New Zealand Limited v David Theunissen Limited 2012 NZHC 2486, the High Court made an arrest order against Mr Theunissen (T) for breaching the Court's interim injunction orders
A new class of leaky building litigants?
- Bell Gully
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- New Zealand
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- November 9 2012
In a landmark Supreme Court decision last month, the Court held that a Council's duty of care under the Building Act 1991 extends to non-residential or commercial buildings (Body Corporate No 207624 & Ors v North Shore City Council 2012 NZSC 83 (11 October 2012) (Spencer on Byron
Duty of care when issuing section 224 certificates
- Buddle Findlay
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- New Zealand
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- November 1 2012
The recent High Court decision of Swordfish Co Limited v Buller District Council 2012 NZHC 2339 confirms that the RMA may not preclude council liability for negligent failure to take reasonable care when: Issuing a section 224 certificate for a subdivision, and Issuing and ensuring registration of consent notices, where the result of such dereliction is a foreseeable loss to a proximate plaintiff
Court of Appeal finds that land can be compulsorily acquired when 'indirectly' required under the Public Works Act 1981
- Bell Gully
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- New Zealand
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- November 1 2012
A recent decision of the Court of Appeal Minister for Land Information v Ann Mary Seaton 2012 NZCA 234, has given a clear interpretation to what has been a troubling inconsistency in the definitions of 'Government Work' and 'Public Work' in the Public Works Act 1981 (Act
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