Section 317 Proceedings

Greenwood Roche regularly acts for applicants in applications under sections 316 and 317 of the Property Law Act 2007 to modify or extinguish restrictive covenants that limit reasonable land use or development. Drawing on its combined expertise in property, construction, and resource management, the firm assists applicants to frame their applications effectively, assess the impacts of covenant modifications on neighbouring properties, and present robust evidence to support client's goals.

Recent examples include:

• Aztek Projects Ltd v Matthews & Ors [2024] NZHC 1239 – Successful application to regularise subdivision and permit further residential development.
• Pontifex II Ltd v Hayhow & Ors [2023] NZHC 1206 – Successful application to modify an outdated covenant to allow residential construction.
• Andrew v Sidwell Developments Ltd Partnership [2025] NZCA 418 – Court of Appeal proceedings concerning modification and compensation principles under s 317.