30 Jun 2021
WOODCOCKS PROPERTY LTD v AUCKLAND COUNCIL [2021] NZHC 1600
- Citation
- [2021] NZHC 1600
- Court
- High Court
The covenant was modified because continuation in its existing form would impede the reasonable use of the burdened land for intensive residential subdivision requiring vesting of roads and reserves under the RMA, a use different from that reasonably foreseeable at the covenant's creation, and the proposed modification would not substantially injure any person entitled to the covenant's benefit.