BP Oil New Zealand Ltd v Ports of Auckland Ltd - [2004] 2 NZLR 208

Equity — Estoppel — Whether conduct of lessor amounted to representation that it would not rely on acts of contamination to bring leases to end.

Property law — Lease — Covenants to repair — Whether lessee liable for reasonably foreseeable loss from contamination caused by breach — Damage to reversionary interest — Offensive trade clauses — Whether independent source of duties — Whether permitted activities a breach of clauses — Whether term that lessee would not commit waste against reversion could be implied — Whether tortious liability for waste excluded — Whether liability for negligence excluded — Resource Management Act 1991.

Property law — Lease — Whether phrase referred only to buildings where land also part of property leased — Whether intention to exclude implied covenant to repair — Property Law Act 1952, s 106(b).

Property law — Lease — Whether lessor’s refusal to grant consent to demolition of structures, assignment and renewal of lease was reasonable.

Tort — Nuisance — Whether tenant should be liable to owner of reversionary interest for acts which occurred on the land — Whether Rylands v Fletcher applicable.

Practice and procedure — Limitation of proceedings — Reasonable discoverability doctrine — Whether confined to building defects and sexual assaults — When lessor became aware of contamination — Whether lessor suffered damage within limitation period.

Tort — Cause of action — Limitation — Reasonable discoverability doctrine — Whether confined to building defects and sexual assaults.