27 May 2022
CASHMERE DOWNS COMPANY LIMITED v CASHMERE DOWNS COMPANY LIMITED [2022] NZHC 1199
- Citation
- [2022] NZHC 1199
- Court
- High Court
The Court granted modification under s 317 PLA because there had been a relevant change in circumstances since the covenants' creation (oversight registering covenants against land required for vesting as road, issuance of new titles and progress of subdivision with sections sold) such that the covenants impede the practical vesting of road/reserve land; there was no opposition and the modification will not substantially injure any person entitled; the Registrar‑General's 2020 ruling was clarificatory and not by itself the change relied on, but overall threshold of s 317(1)(a)(iii) was met.