29 Apr 2019
LIN & ORS v MAYALL PROPERTY GROUP LTD & ORS [2019] NZHC 912
- Citation
- [2019] NZHC 912
- Court
- High Court
The covenants were extinguished because material changes—primarily the change from rural to residential zoning and transformation of neighbourhood character—have rendered the covenants obsolete and unduly burdensome, extinguishment will not substantially injure beneficiaries, and RMA vesting requirements and prior authorities support removing the encumbrances.