26 Feb 2021
RE BROW [2021] NZHC 304
- Citation
- [2021] NZHC 304
- Court
- High Court
The covenant registered on title should be extinguished and replaced with a clarified modified covenant because the original covenant instrument cannot be located or identified, the draft covenants are largely spent or obsolete given changes since creation and planning controls, and no person would suffer substantial injury from extinguishment while the council's fencing protection was retained in a modified form.