Section 264 — Property Law Act 2007: Relief court may grant on application

264 Relief court may grant on application (1) On an application under section 261 , the court may grant relief against the refusal of the lessor to extend or renew the lease, or enter into a new lease, or transfer or assign the reversion, as the case may be. (2) In particular, the court may— (a) do either of the following: (i) order the lessor to extend or renew the lease or enter into a new lease with the lessee, mortgagee, or receiver; or (ii) order the lessor specifically to perform the lessor’s covenant or agreement to transfer or assign the reversion, and to execute all necessary assurances for that purpose; and (b) grant relief under paragraph (a)(i) or (ii) on any conditions (if any) as to expenses, damages, compensation, or any other relevant matters that the court thinks fit. (3) The fact that the lessor may have made a disposition to a person, other than the lessee, mortgagee, or receiver, that would be prejudicially affected by the grant of relief to the lessee, mortgagee, or receiver under this section does not affect the power of the court to grant that relief, but in that case the court may do all or any of the following: (a) cancel or postpone that estate or interest: (b) assess the damages or compensation to be paid to any person prejudicially affected by that cancellation or postponement: (c) order any damages or compensation to be paid by the lessor or by the lessee, mortgagee, or receiver, or partly by the lessor and partly by the lessee, mortgagee, or receiver in the proportions that the court determines. (4) If, under this section, an order is made in respect of Māori land for the extension or renewal of a lease, or the entering into of a new lease to the lessee, mortgagee, or receiver, or the specific performance of a covenant or agreement to transfer or assign the reversion, the extension, renewal, entering into of a new lease, transfer or assignment must be confirmed as of right under Te Ture Whenua Maori Act 1993 . Compare: 1952 No 51 ss 120 , 121