Auckland City Council v Man O'War Station Ltd - [1996] 3 NZLR 460

Public reserves and domains — Reserves — Access easement — Land originally taken for defence purposes later designated as historic reserve — Whether historic reserve within definition of "reserve" in Reserves Act 1977 — Whether access easement "land" for purposes of Reserves Act 1977 — Whether easement a "hereditament" — Whether "land" in Acts Interpretation Act 1924 includes both corporeal and incorporeal hereditament — Whether revocation of access easement amounted to revocation of reserve designation — Reserves Act 1977, ss 2(1)(i), (i) and (k), 12, 17, 18, 19 and 24 — Acts Interpretation Act 1924, ss 4 and 5(i) — Land Act 1948, ss 167(1) and 167(4).

Property law — Easement — Access easement appurtenant to reserve land — Surrender of access agreement — Whether surrender amounted to revocation of reserve designation — Whether access easement "land" for purposes of Reserves Act 1977 — Whether easement a "hereditament" — Whether "land" in Acts Interpretation Act 1924 includes both corporeal and incorporeal hereditament — Whether revocation of access easement amounted to revocation of reserve designation — Reserves Act 1977, ss 2(1)(i), (j) and (k), 12, 17, 18, 19 and 24 — Acts Interpretation Act 1924, ss 4 and 5(j) — Land Act 1948, ss 167(1) and 167(4).