Court Of Appeal Decision On Landbrokers
New Zealand President, Christine Grice, has commented on the Court of Appeal’s judgment delivered today on the landbroker case involving Lester Dempster and some others.
While disappointed that the Court of Appeal has not upheld the High Court’s finding that there is no legal authority for the operation of landbrokers, Miss Grice said she is pleased that the legal position has been clarified.
“We took the proceedings because we had a very genuine concern about the development of a largely unregulated system of conveyancing through the back door of the Trans-Tasman Mutual Recognition Act.
“We knew we risked accusation of being motivated by self interest in taking the proceedings but the High Court decision and comments by the Court of Appeal amply justify the step we took to have the legal position determined by the Courts.
“Conveyancing will often involve the most important transactions in people’s lives and any system must provide proper protection for the public. The Government’s current proposal for a fully regulated, licensed conveyancing regime seems designed to achieve this and we have not opposed that prospect. It is interesting that the Government has also said that on the enactment of such a system, the landbroking provisions of the Land Transfer Act will be repealed.”