19 May 2017

Land: La Paris-Woodcock v. Thomaes

Justice Palmer required the wisdom of Solomon when asked to salvage sense from the failed nirvana which was Mana Aroha, an unsuccessful attempt to create a yoga retreat at Sandy Bay north of Whangarei.
In 1989, a 61 hectare property above Sandy Bay was sold to a yoga company associated with Atna and Shantimurti Okan who intended to create a yoga retreat and teaching centre.  Plans to subdivide the property came to nothing.  A de facto subdivision crept in over time as others moved in, paying money to become co-owners of the property.  Various buildings were built, most without resource consent.  By 2017 there were scattered across the property a two-storey hut, various temporary dwellings, a transportable house and relocatable buildings including an ex-dental clinic now rendered uninhabitable by a tornado.  Relations between residents were not harmonious.    There have been allegations of lock-outs, physical assaults, unauthorised building construction and renting of buildings for private profit.  Police have been called.  With co-owners unable to agree on any solution, the Okans sold up and left.  The remaining eight owners were deadlocked: some wanted the whole 61 hectares sold off and the cash divided up; others wanted the property legally divided but could not agree on a formula for subdivision.  Next stop was the High Court.
Justice Palmer said he was not interested in anyone raking over past animosities.  He asked for each co-owner’s view on how questions of ownership could best be resolved.  Since 2007, the Property Law Act has given courts increased powers to deal with disputes between co-owners.  Courts can order an outright sale, a division of disputed land or order one co-owner to buy out others.  Justice Palmer ordered that co-owners wishing to stay must buy out the two who wanted the property sold.  Recent valuations for the 61 hectare property range from $925,000 to $999,000.  The two wanting out own a 25 per cent share.  For those remaining, the property is to be subdivided into three blocks of at least 20 hectares with each of the warring parties taking title to a separate block.  Most of the land is native bush with about 13 hectares in rough grazing.  Any subdivision still requires resource management consents and Whangarei District Council approval.
La Varis-Woodcock v. Thomaes – High Court (19.05.17)

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