Big River Paradise Ltd v Congreve - [2008] 2 NZLR 402

Property law — Restrictive covenants — Covenant provided that no subdivision of servient land could permit creation of more than three separate allotments with one dwelling on each — Owner of servient land proposed to create 52 leasehold interests which did not fall within statutory definition of “subdivision” — Whether implementation of proposal would breach restrictive covenant — Property Law Act 2007, ss 307 and 317.

Resource management — Subdivision of land — Restrictive covenant provided that no subdivision of servient land could permit creation of more than three separate allotments with one dwelling on each — Owner of servient land proposed to create 52 leasehold interests which did not fall within statutory definition of “subdivision” — Whether implementation of proposal would breach restrictive covenant — Property Law Act 2007, ss 307 and 317.