26 Mar 2019
Re Orewa Developments Ltd [2019] NZHC 575
- Citation
- [2019] NZHC 575
- Court
- High Court
The Court granted the application because the covenants had been mistakenly extended to land that will vest as roads or reserves and their continuation would impede reasonable use of the burdened land contrary to s 317(1)(b), and because all relevant persons had consented so s 317(1)(c) applied; consequently the covenants were modified to cease and automatically surrender as to any Lot which vests or is dedicated as road or reserve, effective upon deposit of the subdivision plan and vesting or dedication.