17 Aug 2018
GREEN GROWTH NO. 2 LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2018] NZSC 75
- Citation
- [2018] NZSC 75
- Court
- Supreme Court
The Court held the open space covenant as notified is an effective, binding registered interest under s22(6) QEII Act and the Land Transfer Act; rectification ordered below was set aside because rectification is not available to alter a registered interest against a successor in title who took with notice in circumstances where the registered interest is within the protection of the LTA; the correct construction (by majority) is that references to 'protected area' in clauses 2 and 7 operate to protect the whole block subject only to the exception in the third schedule, and any misleading draf…