Auckland Council v Her Majesty the Queen

[2017] NZHC 2724

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2017-404-2636 [2017] NZHC 2724

UNDER

Part 7 and 19 of the High Court Rules and

Sections 316 and 317 Property Law Act
2007

IN THE MATTER

of Extinguishment of a Land Covenant

BETWEEN

AUCKLAND COUNCIL Plaintiff

AND

HER MAJESTY THE QUEEN Defendant

Hearing:	On the papers
Judgment:	7 November 2017

JUDGMENT OF DUFFY J

Solicitors/Counsel: Glaister Ennor, Auckland

AUCKLAND COUNCIL v HER MAJESTY THE QUEEN [2017] NZHC 2724 [7 November 2017]

[1]      The applicants apply by way of originating application for orders without notice:

(a)       Permitting    the    proceeding    to    be    commenced    by    originating application without notice;

(b)      Extinguishing a land covenant; and

(c)       Directing the Registrar-General of Lands to comply with the Court’s

orders.

[2]      The originating application is supported by an affidavit of Stephanie Gay Harris,  solicitor,  Glaister  Ennor,  who  are  the  solicitors  acting  for  HLC  (2017) Limited, a Crown entity subsidiary and Her Majesty the Queen’s duly appointed agent for the development of Hobsonville Point, and an affidavit by Daniel John Kelleher, solicitor, Buddle Findlay, who are the solicitors acting for Panuku Development Auckland Limited (Panuku), an Auckland Council owned entity. Panuku is the Auckland Council’s duly appointed agent for the development of land known as “the airfields” at Hobsonville Point.

[3]      Those affidavits satisfy me that no persons other than the applicants are affected by the application.  The affidavits also satisfy me that there is good reason for  the  subject  land  covenant  to  be  extinguished  and  for  the  direction  to  the Registrar-General of Lands to comply with the Court’s orders to be made.

[4]      Being fully satisfied that the orders sought in the originating application are appropriate I make orders in terms of paragraph 1(a) to (c) of the originating application.

Duffy J