New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Restrictive covenant modification

Legal area

Court

31 Oct 2022

SIGANPORIA v AUCKLAND COUNCIL [2022] NZHC 2346

Citation

[2022] NZHC 2346
Court

High Court

On proper construction the covenant's reference to a 'single residential unit' is a reference to a single dwellinghouse meeting the minimum value requirement in cl 2; therefore the covenant prohibits more than one dwelling on the lot. The applicant failed to satisfy any statutory ground in s 317(1) (a)(ii),(b),(e),(f) to justify modification or extinguishment because there was insufficient evidence of a material change in the character of the neighbourhood, no demonstrated impediment unforeseeable by original parties, no public policy breach, and no compelling just and equitable basis; accord…
30 May 2014

NORTH HOLDINGS DEVELOPMENT LIMITED & ORS v WGB INVESTMENTS LIMITED [2014] NZHC 1175

Citation

[2014] NZHC 1175
Court

High Court

In applications to modify or extinguish restrictive covenants the successful applicant is not automatically entitled to costs because the respondent begins 'in the right'; absent unreasonable conduct by the respondent the court will generally decline to award costs to the applicant — accordingly the applicants' costs application was dismissed and costs were ordered to lie where they fall.