ANZ Bank New Zealand Limited v Randell (deceased)

[2025] NZHC 2725

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2025-441-101

[2025] NZHC 2725

IN THE MATTER

of section 357 of the Property Law Act 2007

BETWEEN

ANZ BANK NEW ZEALAND LIMITED

Applicant

AND

MARTIN ALEC RANDELL (DECEASED)

Respondent

Hearing:	(Determined on the papers)
Counsel:	S J Telford for Applicant
Judgment:	18 September 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(directions as to service)

ANZ BANK NEW ZEALAND LIMITED v RANDELL (DECEASED) [2025] NZHC 2725 [18

September 2025]

[1]                 Martin Alec Randell (Mr Randell) died on 26 November 2021. At the time of death he was, and remains, the registered proprietor on a property in Flaxmere, Hastings, over which ANZ Bank New Zealand Limited (ANZ) has a mortgage. The mortgage is in default and ANZ wishes to exercise its rights under its mortgage.

[2]                 The difficulty faced by ANZ is that it appears Mr Randell did not leave a Will and notwithstanding that it appears there is equity in the property (as far as ANZ can tell), no steps have been taken by any of Mr Randell’s children to apply for Letters of Administration.

[3]Apparently, two of Mr Randell’s sons are currently living in the property.

[4]                 ANZ seeks directions as to service aimed, in a practical sense, of bringing matters to a head.

[5]                 I make the orders sought at paragraph 1(a) of the application for directions as to service dated 16 September 2025, save that in the first instance, ANZ is to attempt personal service of the notice and a copy of this judgment on an adult occupant at the address given paragraph 2 of the memorandum of counsel dated 16 September 2025, which accompanied the application. If there is no adult occupant at the property, the notice and a copy of this judgment are to be attached to the front door of the property.

[6]                 The late Mr Randall’s children would be well advised to take legal advice as if a mortgagee sale can be avoided there may well be funds available to Mr Randall’s children, but any surplus will inevitably be reduced if a forced sale is required.

Associate Judge Lester

Solicitors:
Morgan Coakle, Auckland (for Applicant)