23 Aug 2021
FRANCIS MILES REYNOLDS AND JULIET LINELL REYNOLDS AS TRUSTEES OF THE F & J REYNOLDS TRUST v PARKLANDS PROPERTIES LIMITED [2021] NZCA 394
- Citation
- (2012) 22 NZCPR 516
- Court
- Court of Appeal
The Court of Appeal allowed the appeal and set aside the High Court orders extinguishing the easements and awarding compensation because the statutory tests in s 317 were not met: there was no sufficient change in the nature of use (s 317(1)(a)(i)) or other circumstances (s 317(1)(a)(iii)), and the change in the character of the neighbourhood (s 317(1)(a)(ii)) relied on was foreseeable and contemplated when the relevant easements were created (notably the 2007 easements created by the same party now seeking relief), so the easements ought not to be extinguished; consequently the High Court's…