7 Dec 2022
BURBERRY DEVELOPMENTS LIMITED v AUCKLAND COUNCIL [2022] NZHC 3273
- Citation
- [2022] NZHC 3273
- Court
- High Court
The Court was satisfied on the evidence that since creation the land and water supply arrangements changed materially (residential subdivision, Watercare supply, removal of pipes) so that continuation of the easement in its existing form is obsolete and would impede reasonable use of the burdened land; statutory service requirements were met and no substantial injury was identified, therefore a partial extinguishment under s317 is justified and granted as specified.