8 Sept 2017
WEBSTER& ORS v DOAK [2017] NZCA 396
- Citation
- [2017] NZCA 396
- Court
- Court of Appeal
The phrase 'commercial or industrial use' in the restrictive covenant is to be given its ordinary (non‑specialist) meaning (commerce for profit); Stand's proposed Children's Village is not a commercial use in that ordinary sense, so the covenant does not prohibit the proposed use; reference to District Plan definitions was unnecessary and would not change the outcome.