17 Dec 2014
QUEEN ELIZABETH THE SECOND NATIONAL TRUST v GREEN GROWTH NO 2 LIMITED [2014] NZHC 3275
- Citation
- (2014) 15 NZCPR 785
- Court
- High Court
QEII Act open space covenants, once notified on title, are interests in land and attract the protection of indefeasibility under Land Transfer Act s62; the covenant before the Court contained a common, continuing intention between the Trust and the original covenantor that was defeated by a drafting/clerical mistake and therefore should be rectified to reflect that intention; rectification is available against a successor in title who had actual notice of the covenant and of the defect; the defendant's counterclaims challenging the covenant are largely precluded by indefeasibility and the wro…