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Hojsgaard v Chief Executive of Land Information New Zealand - [2019] 2 NZLR 864


Court of Appeal Wellington
CA223/2018; CA520/2018; [2019] NZCA 84
17, 18 October 2018; 2 April 2019
French, Clifford and Gilbert JJ
Land law — Boundaries — Dispute between surveys — Whether approved cadastral survey complied with Rules for Cadastral Survey 2010 — Whether Chief Executive of Land Information New Zealand had regard for mandatory consideration when making approval decision — Significance of presumption of correctness — Whether High Court erred in failing to determine merits of underlying survey dispute — Whether High Court erred in declining to quash Chief Executive’s decision approving Brill survey — “Cadastral survey” — “Cadastre” — “Water boundary” — Rules for Cadastral Survey 2010, rr 3, 6 and 8.
Practice and procedure — Costs appeal — Whether basis for disturbing costs category adopted — Whether parties enjoyed equivalent success — Whether appellant’s extensive evidence reasonably necessary and expert expenses proportionate in circumstances.

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