Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]
...merely because of the fact the parties in their agreement seek that outcome. The Maori Trustee has correctly, in my view, framed his applications to include a change of status, which has been notified. 1 am also satisfied, therefore, that the obiter statements in the Bruce and Edwards line of authorities as to notice to preferred class have been complied with. There can be no doubt that without a status change the applications' intent in the interests of the owners will fail. 1 am, h...