Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]
...owners of the building. [35] Although common law provides that the owners of the land own any fixtures, s 18(l)(a) enables the Court to recognise that one or more of the owners may separately own a particular improvement. In determining these matters the Court has equitable jurisdiction and may recognise constructive trusts. [36] The Māori Appellate Court has expressed differing views as to the effect of a s 18(1)(a) order, in particular whether, on making the order, a house remai...