12 Oct 2022
BAILEY v AUCKLAND COUNCIL [2022] NZHC 2632
- Citation
- (2022) 23 NZCPR 739
- Court
- High Court
The Court found there is a seriously arguable case that the registered memorandum of encumbrance is enforceable and that its protection of the "natural landscape" can extend to natural landform as well as trees and vegetation; Auckland Council likely erred in not limited-notifying affected interest holders by failing to take the encumbrance into account; balance of convenience favoured preservation of the plaintiffs' position because physical works (especially pruning and pool construction) would likely preclude effective relief at trial; accordingly interim injunctions and interim JRP Act or…