M v Properties Limited v McGuigan

[2012] NZHC 2493

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV 2012-463-000260 [2012] NZHC 2493

UNDER  Section 244 of the Property Law Act 2007

BETWEEN  M V PROPERTIES LIMITED Applicant

ANDWILLIAM JOHN MCGUIGAN Respondent

Hearing:         26 September 2012

Appearances: C M Fisher for the Applicant

M J McGuigan in person and with assistance of J T Mataroa, the
Respondent

Judgment:      26 September 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

Solicitors/Counsel:

C Fisher, Fortune Manning, Auckland –  [email protected]

Copy to: W J McGuigan, Mangakino 3421

M V PROPERTIES LIMITED V WILLIAM JOHN MCGUIGAN HC ROT CIV 2012-463-000260 [26

September 2012]

[1]      Ms Mataroa addressed the Court on behalf of Mr McGuigan. At the time she handed to the Court two documents, under the apparent seal of ‘The Confederation of United Tribes of Nu Tireni/Aotearoa’.

[2]      The first document is addressed to the Governor-General.  It invites the Court on behalf of the Crown to “start a full and honest investigation of all lands in the King Country and other lands throughout Aotearoa”.

[3]      The document explains its purpose and recounts the history of the families represented.

[4]      In the second document, addressed to myself and Judge Abbott asserts that it

has documents relating to the ‘absolute title to Mangakino land’.

[5]      In addition Ms Mataroa provided a copy of a memorandum of lease executed on 27 September 1993 relating to the property at Mangakino.   It notes that the leasehold interest in question was transferred by Ms Mataroa to Mr McGuigan on 25

May 2001.

[6]      It appeared, from advice given by Ms Mataroa that Mr McGuigan’s case

relies upon the memorandum of lease and the reference therein to a yearly rental of

$347.00.  Ms Mataroa says that Mr McGuigan was given an assurance of leasehold occupation provided he paid that rental.

[7]      In support of the applicant’s various applications its director Mr S J Searle has filed an affidavit.  It confirms that the applicant is the registered proprietor of the property at Mangakino; that the deed of lease in question expired on 1 October 2006. Indeed the copy of the lease provided by Ms Mataroa confirms that expiry date.

[8]      Mr Searle deposes that when the lease was close to expiry the applicant offered him a renewal for a further 14 years at an annual rental of $3,400 GST inclusive payable by half yearly instalments.

[9]      Mr McGuigan accepted those terms and signed a form of acceptance.

[10]     Regretfully, since the date of the lease renewal Mr McGuigan has not made payments at the renewal rate but instead has continued to make rental payments at the previous lease rate of $347 per annum.

[11]     The Court has been concerned to provide Mr McGuigan time to ensure that he responded appropriately if he was to oppose the applications sought.

[12]     Since the applications for termination of lease, judgment and for possession of property was served upon him the matter has been the subject of a number of telephone conference calls.  At two of those Mr McGuigan was represented by Ms Mataroa,  with  a consent  to  the Court.   Regretfully,  Ms  Mataroa’s  concerns are focussed upon claims of theft and fraud associated with claims that the Mangakino land was unlawfully taken.

[13]     In my discussion with Ms Mataroa I informed her that these were matters properly pursued elsewhere but could not be pursued before this Court at this time; that the property in question was general land and not Maori Land.

[14]     In that outcome  I made orders granting the applications in terms sought including cancelling the lease between the parties, and granting judgment to the applicant against Mr McGuigan in the sum of $16,791.50. Also I made an order that Mr McGuigan deliver possession of the applicant’s property within 14 days of date of service of a sealed order for possession being served upon him.

[15]     Mr McGuigan is to pay costs on a 2B basis together with disbursements, as approved by the Court.

Associate Judge Christiansen