11 Oct 2018
MCGOLDRICK v LAWSON [2018] NZHC 2643
- Citation
- [2018] NZHC 2643
- Court
- High Court
The covenants registered against the titles run with the land and are enforceable by the Trusts as successors in title; the four pre-fabricated buildings fall within the covenant prohibition (hut/shed used for residential purposes), were erected without required approvals and contrary to the Design Guidelines; under s313 PLA the Court has jurisdiction to grant a mandatory injunction and, balancing the equities, the defendant is the author of his own misfortune so injunctive relief ordering removal or demolition is appropriate.