Auckland Council v Her Majesty the Queen

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

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Auckland Council applied for the extinguishment of a land covenant against Her Majesty the Queen. The application was brought under Part 7 and 19 of the High Court Rules and Sections 316 and 317 of the Property Law Act 2007. The court was asked to permit the proceeding to be commenced by way of an originating application without notice, extinguish a land covenant, and direct the Registrar-General of Lands to comply with the court's orders.

The court needed to decide whether the application should be permitted to proceed without notice, whether the land covenant should be extinguished, and whether the Registrar-General of Lands should be directed to comply with the court's orders. The court found that the applicants had satisfied the requirements for an originating application without notice and that there was good reason to extinguish the land covenant. The court was satisfied that no other persons would be affected by the application and that the orders sought were appropriate.

The court made orders in terms of the originating application, permitting the proceeding to be commenced without notice, extinguishing the land covenant, and directing the Registrar-General of Lands to comply with the court's orders. The court found that the applicants had satisfied the requirements for an originating application without notice and that there was good reason to extinguish the land covenant. The court was satisfied that no other persons would be affected by the application and that the orders sought were appropriate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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