26 May 2022
Re 25 KBR LIMITED [2022] NZHC 1194
- Citation
- [2022] NZHC 1194
- Court
- High Court
The covenants were extinguished from the defined Application Site because the changed use (residential subdivision and roading to vest in the Council), the partial non-existence of drains, and the fact beneficiaries retain enforceability via Lot 2 mean removal will not substantially injure any person entitled to benefit; service on registered proprietors was dispensed with and the extinguishment is conditional on serving the Christchurch City Council and its filing of a no-objection memorandum or further listing if it objects.