13 Oct 2023
FAIRVIEW ESTATE INVESTMENT LTD [2023] NZHC 2874
- Citation
- [2023] NZHC 2874
- Court
- High Court
The Court granted extinguishment of the covenant as to the two Reserve Lots under s 317(1)(d) because the benefit of the covenant remains on the residential lots, the Council is unlikely to be prejudiced in its role as local authority, affected benefited owners had opportunity to respond and did not oppose (one consented), and the extinguishment will not substantially injure any person entitled.