23 May 2023
PONTIFEX II LTD v HAYHOW [2023] NZHC 1206
- Citation
- [2023] NZHC 1206
- Court
- High Court
The court held s 317(1)(d) (no substantial injury) was satisfied and, having regard to change in neighbourhood character to rural residential, the evidence of planning, visual and valuation experts, and the existence of an enforceable New Covenant, it was just and equitable to modify (not extinguish) the Old Covenant as it applies to Lot 3 (Record of Title 700603) so that it does not prevent construction of a single dwelling; no compensation ordered and Coltman granted leave to file a separate originating application.