11 May 2022
TAURIKURA HOLDINGS LTD v TAURANGA CITY COUNCIL [2022] NZHC 994
- Citation
- [2022] NZHC 994
- Court
- High Court
The court found s 317(1)(d) (no substantial injury to any person entitled) and s 317(1)(b) (continuation would impede reasonable use) satisfied on the facts: directly affected parties consented, the neighbourhood and purpose had changed and development had commenced; exercising its discretion the Court held modification was just and equitable and ordered insertion of a clause allowing automatic cessation on vesting as road; no compensation ordered.