Fairview Property Investment

[2017] NZHC 2723

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2017-404-2635 [2017] NZHC 2723

UNDER

Part 7 and 19 of the High Court Rules and

Sections 316 and 317 of the Property Law
Act 2007

IN THE MATTER

of Parial Extinguishment of a Land
Covenant

EX PARTE

FAIRVIEW PROPERTY INVESTMENT Applicant

Hearing:	On the papers
Judgment:	7 November 2017

JUDGMENT OF DUFFY J

Solicitors/Counsel: Glaister Ennor, Auckland

FAIRVIEW PROPERTY INVESTMENT [2017] NZHC 2723 [7 November 2017]

[1]      The applicant applies by way of originating application for orders without notice:

(a)      Granting leave for the proceeding to be brought by way of originating application without notice;

(b)Partially extinguishing the Land Covenants created by Easement Instrument Number 6018578.5 (the land covenants) insofar as they are registered on Lot 51 on LT 486476 (to be vested as a road) and on Lot  50  on  LT 486476  (to  be  vested  as  a  Local  Purpose  Reserve (Drainage)); and

(c)      Directing that within five working days of the applicant providing to the Registrar-General of Lands a copy of the sealed order for partial extinguishment of the subject land covenants, that the Registrar- General of Lands cause those covenants to be removed from Lot 50 on LT 486476 to be vested as road and from Lot 50 on 486476 to be vested as Local Purpose Reserve (Drainage).

[2]      The originating application is supported by an affidavit of Brett Anthony Norris, who is a principal of Brett Norris Law, the solicitors acting for the applicant in respect of its subdivision and conveyancing, and an affidavit of Barry Wayne Green, a special legal land consultant who has provided advice to the applicant in relation to its development of Lot 1 Deposited Plan 460998 title identifier 614882 into 15 residential lots.

[3]      Those affidavits satisfy me that no persons other than the applicant will suffer any detriment.  Accordingly, I consider that proceeding on a without notice basis is appropriate.

[4]      After careful consideration of the application and the affidavits in support thereof I am satisfied there is good reason for the partial extinguishment of the subject land covenants and for the direction to the   Registrar-General of Lands to comply with the Court’s orders to be made.

[5]      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