11 Apr 2019
RE BARFILON INVESTMENT LTD, L & W RISING LTD, BURBERRY DEVELOPMENTS LTD and BURBERRY ROAD 32 LIMITED [2019] NZHC 780
- Citation
- [2019] NZHC 780
- Court
- High Court
The Court found sufficient change since creation of the 1995 covenant — notably the establishment of a Special Housing Area, rezoning to urban/mixed housing zones and the grant of qualifying development resource consent — such that the covenant impeded reasonable use of the burdened land in a way not reasonably foreseeable in 1995; weighing sanctity of contract and private rights against the public interest in enabling the SHA development and applicants' purchases made with knowledge, the Court exercised its discretion to modify the covenant by removing the four applicants' properties from La…