Property Law Act 2007 Flashcards
2020
6a. List the meanings of the following terms provided in Section 4 (Interpretation) Property Law Act 2007, for (a) Land (b) Encumbrance (c) Lease (d) Mortgage
Land includes all estates and interests, whether freehold or chattel, in real property (1 mark)
Encumbrance includes a mortgage, a trust securing the payment of money, or a lien (1 mark)
Lease means a lease of property, whether registered or unregistered, and includes a shortterm lease and an agreement to lease (1 mark)
Mortgage includes —
(a) any charge over property for securing the payment of amounts or the performance of
obligations; and
(b) any registered mortgage; and
(c) any mortgage arising under a mortgage debenture (1 mark)
2020
6b. Section 276 Property Law Act 2007 deals with the effect of covenants made by two or
more covenantors. How are these covenators bound by the covenants?
A covenant made by 2 or more covenantors binds both or all the covenantors jointly and
severally, unless a contrary intention appears in the instrument or in the short-term lease
not made in writing.
2020
6c. Section 277A(1) Property Law Act 2007 deals with covenants becoming void when the
principal purpose of the covenant is to stop land being used for housing from some classes
of people. What are these classes of people?
A covenant concerning land is void if a principal purpose of the covenant is to stop the land
being used for housing for—
(a) people on low incomes; or (1 mark)
(b) people with special housing needs; or (1 mark)
(c) people whose disabilities mean that they need support or supervision in their
housing. (1 mark)
2020
6d. As covered in Section 307C(1) Property Law Act 2007, a covenant in gross is binding in
equity to whom?
A covenant in gross is binding in equity on —
(a) every person who becomes the owner of the burdened land, —
(i) whether by acquisition from the covenantor or from any of the covenantor’s
successors in title; and
(ii) whether or not for valuable consideration; and
(iii) whether by operation of law or in any other manner; and (1 mark)
(b) every person who is for the time being the occupier of the burdened land. (1 mark)
2020
6e. Pursuant to Section 307C(2) Property Law Act 2007, at what point does a covenant in gross
cease to be binding on a person?
A covenant in gross ceases to be binding on a person referred to in subsection (1) when
that person ceases to be the owner or occupier of the burdened land, but without prejudice
to that person’s liability for breach of the covenant arising before that person ceased to be
the owner or occupier of the land.
2020
6f. Subpart 3 of Part 6 Property Law Act 2007 deals with landlocked land. What does the term
“reasonable access” mean, as spelt out in Section 326 (Interpretation) of that Act?
Reasonable access, in relation to land, means physical access for persons or services of a
nature and quality that is reasonably necessary to enable the owner or occupier of the land
to use and enjoy the land for any purpose for which it may be used in accordance with any
right, permission, authority, consent, approval, or dispensation enjoyed or granted under
the Resource Management Act 1991.
2020
6g. When an owner applies for an order granting reasonable access to landlocked land, under
Section 327(2) Property Law Act 2007, who must the application be served on, unless the
court directs otherwise?
Unless the court directs otherwise, the application must be served on—
(a) the owner of each piece of land adjoining the landlocked land; and (1 mark)
(b) every person who—
(i) has an estate or interest in the landlocked land or in any other piece of land (whether or not adjoining the
landlocked land) that may be affected by the granting of the application; or (1 mark)
(ii) claims to be a party to, or to be entitled to a benefit under, any instrument relating to land of the kind
specified in subparagraph (i); and (1 mark)
(c) the relevant territorial authority. (1 mark)
2020
6h. Section 328(2) Property Law Act 2007 identifies four categories of land whereby the court
must not make an order pursuant to subsection (1) when granting reasonable access to
landlocked land. List the four categories of land this applies to.
The court must not make an order under subsection (1) granting reasonable access to
landlocked land over—
(a) land that is part of a national park within the meaning of the National Parks Act 1980; or (½ mark)
(aa) any part of Te Urewera land, as defined in section 7 of the Te Urewera Act 2014; or (½ mark)
(b) land that is a public reserve or part of a public reserve within the meaning of the Reserves Act 1977; or (½ mark)
(c) a railway line within the meaning of the New Zealand Railways Corporation Act 1981. (½ mark)
6i. Pursuant to Section 329 Property Law Act 2007, what matters must a Court have regard to,
when determining an application for an order for reasonable access?
In determining an application for an order under section 328, the court must have regard to
—
(a) the nature and quality of the access (if any) to the landlocked land at the time when the applicant purchased or otherwise acquired the land: (½ mark)
(b) the circumstances under which the land became landlocked: (½ mark)
(c) the conduct of the parties, including any attempts they have made to negotiate reasonable access to the landlocked land: (½ mark)
(d) the hardship that would be caused to the applicant by the refusal of an order, in comparison with the hardship that would be caused to any other person by the making of an order: (½ mark)
(e) any other relevant matters. (½ mark)
