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…