Environment Court Decision on Cross-Lease Titles Released

  • 27 September 2018

Environment Court Decision on Cross-Lease Titles Released

The long-awaited decision has been received on Don McKay’s application, supported by S+SNZ, for a declaration from the Environment Court that the conversion of cross-leased titles to fee simple titles is not a subdivision within the meaning of section 218 of the Resource Management Act 1991. 

S+SNZ engaged legal counsel and supported our member’s application. Unfortunately, Judge D A Kirkpatrick declined the application but did make some interesting comments on “subsidiary issues”. 

Survey and Spatial New Zealand Board member, Thomas Gibbons has kindly prepared a case summary on the recent decision of the Environment Court (Don McKay’s application for a declaration relating to the conversion of cross leases). 

Thomas is a Director of McCaw Lewis in Hamilton and leads the Property Team (http://mccawlewis.co.nz/our-people/person/5/thomas-gibbons). A number of his publications are cited in the decision.

The case was heard in the Environment Court in Auckland on 23 April 2018. S+SNZ was represented by Glaister Ennor and Warren Haynes presented a submission for S+SNZ.