Extremeley shallow reporting here. https://www.rnz.co.nz/news/business/418164/synlait-argues-pokeno-factory-is-allowed-to-be-there
This case is only set down for two days. So one day down already.
I note the hypotetical 'it may be difficult to build a quarry now due to the neighbouring dairy factory".
It may be. But in the meantime the covenant applies until extingushed under the tests.
It woud be very shabby property law that allowed those held by covenents to do what they liked based on hypothetical future issues.
No mention of Hyndes now owning neighbourng land, or the covenants on the land on the other side of the road.
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