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7 N.Z. Recent L. 133 (1981)
Contractual Remedies and Sale of Goods

handle is hein.journals/newzlndrl7 and id is 155 raw text is: Recent Law consent of the owner of the fee simple alone, without consent of the owner of the mineral interest. Upon deposit of the plan, under s.306 of the Local Government Act 1974, a 20m foreshore reserve created by s.289 of the Act would vest in the Council as a local purpose reserve. His Honour considered that this vesting would extend to not only the surface but also the metals and minerals under the land. Various definitions of land under the Property Law Act, the Land Transfer Act 1952 and the Acts Interpretation Act 1924 were considered, it being noted that land was not specifically defined in the Local Government Act itself. Section 306 (1) (e) required the consent in writing by the registered proprietor of every interest in or encumbrance on the land that will vest. The nature of the mining interest was considered, and it was ruled that this was not an estate in the subdivided land at common law, but did amount to a legal interest in the land for the purposes of s.306. Accordingly, the consent was required, and it was noted that no statutory mechanism was provided to review the case where such consent was not given or unreasonably withheld. Comment: The decision is important in clarifying the extent of the obligation to give consent on the survey plans by a person being the registered proprietor of interests in the land. The past practice of requiring consent of the owner of the fee simple estate only is no longer sufficient. As to mining however, mining rights merely granted under the Mining Act 1971 will not prevent the subdivision of land, as a mining interest under that Act is deemed a chattel interest and not an interest in the land itself (s.139). (K.A.P.) CONTRACTUAL REMEDIES AND SALE OF GOODS By DJ. Stephens, Visiting Lecturer in Law, University of Auckland. In Finch Motors Ltd v Quin', Hardie Boys J. had to consider the important question whether the Contractual Remedies Act 1979 applies to breaches of contracts for the sale of goods. The facts of the case can be briefly stated. Mrs Quin, the defendant, purchased a Chrysler Valiant motor car from Finch Motors Ltd. Mr Quin, who had seen an advertisement offering the car for sale, telephoned Mr Finch, of Finch Motors Ltd, telling him that the car was needed to tow a heavy boat. Mr Finch assured Mr Quin that it was the ideal car for the job and a good clean one. Mrs Quin who agreed to purchase the car drew a cheque for the purchase price which she subsequently stopped because the car was found to be deficient. Whilst towing the boat the engine became overheated because the radiator core was blocked. Before towing the boat this defect had not been manifest. Finch Motors Ltd, the plaintiffs, brought an action on the cheque. Mrs Quin's counsel raised the defence of total failure of consideration alleging breach of (a)Sale of Goods Act 1908, ss.15, 16(a) and 16(b). (b)Motor Vehicle Dealers Act 1975, s.93(2). Alternatively, Mrs Quin counterclaimed for breach of warranty in respect of the same alleged breaches of the contract of sale. 133 May 1981

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