24 Oct 2019
CARABELL TRUST v TAURANGA CITY COUNCIL [2019] NZHC 2725
- Citation
- [2019] NZHC 2725
- Court
- High Court
The covenant restriction was extinguished because the neighbourhood has materially changed since creation, engineering solutions negate original reasons for the restriction, no person entitled was substantially injured and it is just and equitable to remove the restriction under s317(1)(a),(d) and (f) of the Property Law Act 2007.