17 Sept 2019
FAIR v FAIR AND ORS [2019] NZHC 2349
- Citation
- (2019) 20 NZCPR 652
- Court
- High Court
The Court granted partial extinguishment and modification of the registered covenant because the covenant mistakenly extended to land to be vested as road/reserve, the nature and circumstances of the burdened land had changed such that the covenant was no longer relevant to the vesting land, and the modification would not substantially injure any dominant owner, thereby satisfying s317 PLA and enabling compliance with RMA vesting provisions.