23 Feb 2018
ER XIA CAO, ER SHENG CAO and JUN WU v MAYALL PROPERTY GROUP LIMITED [2018] NZHC 225
- Citation
- [2018] NZHC 225
- Court
- High Court
The covenant was extinguished because rezoning and the residential redevelopment of the area rendered the covenant obsolete; the covenant itself contemplated termination on rezoning; vesting requirements under the RMA necessitate free titles; and extinguishment would not substantially injure any beneficiary, so s 317 PLA relief was appropriate.