Have a read of the court documents below, the only issue is with part of the land that has the covenant, there are other businesses operating on land that has the covenants on it as well. had Synlait not built on the 7.2 hectares then there would be no issues.
A block of approximately 7.2 hectares. This block was combined with
part of the dominant land and the combined block was subdivided into
two lots, one of 22.6 hectares (now owned by Stuart PC Ltd) and
the other of 28 hectares, owned by STL and on-sold to Synlait. As a
result, STL/Synlait now owns approximately 7.2 hectares of servient
land and 20.8 hectares of dominant land.
Also the consent to build and operate a quarry, (as opposed to the zoning), ran out in has run out, So Mr Yee will have to go through a much harder consent process in NZ now with Yashili next door objecting. It will NEVER be a Quarry.
Winstone applied for, and finally obtained, consent for a quarry in 2002. It did not however take advantage of the consent and it expired in 2009
https://forms.justice.govt.nz/search/Documents/pdf/jdo/65/alfresco/service/api/node/content/workspace/SpacesStore/f2e68638-58c3-4efd-8453-d46c9fa9d2b3/f2e68638-58c3-4efd-8453-d46c9fa9d2b3.pdf
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