New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Change of neighbourhood

Legal area

Court

23 Nov 2020

ESTUARY CHT LP v MAYALL PROPERTY GROUP LIMITED [2020] NZHC 3079

Citation

[2020] NZHC 3079
Court

High Court

The covenant was extinguished because the Flatbush area has become residentially zoned and the character and use of the neighbourhood have fundamentally changed, satisfying s 317(1)(a) and alternatively s 317(1)(b); there was no opposition and no substantial injury to any entitled person.
6 Apr 2016

SABATIER & ANOR v ADDISON DEVELOPMENTS LIMITED [2016] NZHC 575

Citation

[2016] NZHC 575
Court

High Court

The covenant was extinguished because the benefited land ceased its original horse-training use in 2005, was rezoned and extensively subdivided for residential housing, producing a fundamental change in neighbourhood character and rendering the covenant obsolete so that it ought to be extinguished under s 317.