7 Feb 2014
AUCKLAND WATERFRONT DEVELOPMENT AGENCY LIMITED v MOBIL OIL NEW ZEALAND LIMITED [2014] NZHC 84
- Citation
- (2014) 15 NZCPR 391
- Court
- High Court
The 'clean and tidy' clause did not impose an obligation on Mobil to remediate historic subsurface contamination to restore the sites to their 1920s condition; the obligation is measured by reference to the land's condition and the class of tenant likely to occupy it at lease commencement (industrial use in 1985), and no implied remediation term was warranted.