New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Extinguishment/modification of covenants

Legal area

Court

1 Feb 2022

LANDMARK PROPERTY HOLDINGS LIMITED v SGA INVESTMENTS HOLDING PTE LIMITED [2022] NZHC 60

Citation

[2022] NZHC 60
Court

High Court

The annexure and expressly incorporated substituted rules together constituted a written positive covenant registered against the unit titles in 2004; the levy (scales) covenants relate to proprietors' unit title interests and beneficially affect the value and enjoyment of covenanted units as required by s126 PLA 1952, therefore the covenants run with the land and are enforceable against the registered proprietors (first to ninth defendants).
10 Oct 2016

BODY CORPORATE 162791 v GILBERT [2016] NZHC 2404

Citation

[2016] NZHC 2404
Court

High Court

The covenant must be read with the Unit Titles statutory framework: a 'Redevelopment' under the covenant means redevelopment into further units within the meaning of the Unit Titles legislation; the covenant does not itself imply a requirement to pay compensation for common property taken; the covenant is silent on whether redevelopment rights are single or successive and does not exhaust rights upon deposit of a redevelopment plan (extinguishment/modification depends on statutory procedures); redevelopment affecting levels below level three is permitted only if ancillary to redevelopment of…