A Timely Reminder of the Importance of Land Law Principles

Abstract

This article considers a recent New Zealand land law case of Jin v Knox Property Investment Ltd [2015] NZHC 2296, [2016] NZCA 565. The author notes that all of the numerous judges and counsel involved failed to consider the importance of the Land Transfer Act to the resolution of the dispute at the heart of the case. If this had been considered the case would have easily dismissed. The article observes that this is an example of a disturbing trend in New Zealand’s law and that, in light of the enactment of the Land Transfer Act 2017, it is timely to remember the importance of basic land law principles.