Escrow Holdings Forty-One Ltd v District Court at Auckland on appeal from Body Corporate 341188 v District Court at Auckland - [2017] 1 NZLR 374

Contract — Interpretation — Deed of encumbrance — Deed available to and relied on by third parties — Whether background reasonably known to parties relevant — Observation.

Property law — Memorandum of encumbrance — Positive and negative restrictive covenants — Entitlement of owner of one lot to enter another of which it was previously part-owner — Deed of encumbrance with resource consent authority — Observations as to numerus clausus principle — Property Law Act 2007, s 303.