26 Aug 2022
MANAWA DEVELOPMENT HOLDINGS LIMITED PARTNERSHIP v TAURANGA CITY COUNCIL [2022] NZHC 2138
- Citation
- [2022] NZHC 2138
- Court
- High Court
The Court accepted that inclusion of Lot 101 as a servient tenement was a drafting error inconsistent with the original parties' intention, found the proposed modification would not substantially injure any person entitled because equivalent protections are recorded elsewhere, and that, given the impediment to reasonable use and significant commercial and contractual consequences, it was just and equitable under s317 PLA to modify the covenant by excising Lot 101 from the servient tenement description.