Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust - [2016] 3 NZLR 726

Property law — Rectification of document — Whether common intention of parties accurately recorded — Whether parties had continuing common intention — Whether Court had any ground to decline rectification of covenant — Whether rectification inconsistent with indefeasibility provisions of Land Transfer Act 1952 — Whether prejudice to third party — Whether third party on notice of covenant — “Open space covenant” — Property Law Act 1952, s 4.

Property law — Indefeasibility of title — Whether notification on title attracted protection of indefeasibility — Whether covenant void on attestation and certificate of correctness grounds — Whether covenant wrongfully notified on title — Whether unconscionable conduct by benefitting party — Property Law Act 1952, s 4.