Matamata Metal Supplies Ltd v Waipa District Council - [1996] 3 NZLR 190

Equity — Election — Renewable contract for quarrying rights — Failure to renew on due date — Right of renewal not exercised — Owner's subsequent acceptance of royalties — Whether doctrine of election prevented owner from asserting that contract had not renewed.

Contract — Renewal — Renewable contract for quarrying rights — Waiver by election — Failure to renew contract on due date — Whether subsequent acceptance of royalties with knowledge of expiry of contract constituted a waiver of the failure to renew — Whether such acceptance amounted to a grant of a fresh term.

Damages — Assessment — Contract for quarrying rights — Failure to renew on due date — Interim injunction preventing use of quarry — Interim junction later discharged — Whether quarrying party entitled to value of stone which would otherwise have been removed during period prior to discharge — Alternatively whether that party entitled to use of the money which would have been derived by way of royalties.