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)
17.047