27 Sept 2022
MT CARDRONA STATION LTD v ELLISTON [2022] NZHC 2457
- Citation
- [2022] NZHC 2457
- Court
- High Court
The Court concluded that significant changes in zoning and use of the land, the necessity of vesting roads and reserves for the proposed subdivision, the agreement and protections negotiated with affected proprietors (notably buffer land restrictions and the No Road Strip), and the abandonment/waiver by water‑scheme members justified modifying Instruments 5246992.7 and 9244805.2 under s317; the modifications would not substantially injure persons entitled and were just and equitable.