28 Feb 2022
ROUND v PALMERSTON NORTH CITY COUNCIL [2022] NZHC 302
- Citation
- [2022] NZHC 302
- Court
- High Court
The Court was satisfied that the statutory requirements of PLA s317 were met: there has been a material change in the nature and extent of use and the character of the neighbourhood since creation of the covenants, extinguishment is necessary to enable reasonable use (vesting of road and reserve) which could not reasonably have been foreseen by the original parties, extinguishment will not substantially injure any person entitled, and it is just and equitable; accordingly the covenants are extinguished as to the parts of the land to be vested as road and reserve, with ancillary orders and dir…