Brown - Kairakau 2C5B (2002) 167 Napier MB 139 (167 NA 139) [pdf, 857 KB]
...if the partition is granted, and the prejudice to the other if it is not, and to inquire whether any deleterious impacts on the residue owners can be minimised if partition proceeds (12 Takitimu ACMB 13-39, 39). In the present case, he thought some protection of the minority owners' interests might be possible. I agree. If a partition proceeds, there should be a requirement that notice is given to the minority owners of any application to change the status of the land. Further, it ma...