The Law Association of New Zealand



Covenants and Easements: Modification and Extinguishment (2025) (On Demand)

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This On Demand was recorded on 29 May 2025.

Covenants and easements are commonplace in property matters. While often they cause no problems, sometimes their very existence causes tension and disagreement – let alone working out what to do about them.

Presented by a property lawyer and a litigator, this session will delve into covenants and easements’ uses, creation, pitfalls and other issues; and among other things, the grounds for, leading cases on, and key principles in respect of their modification and extinguishment.

Learning Outcomes

  • Improve your knowledge and understanding of covenants and easements, including:
    • Uses and objectives
    • Creation
    • Awareness
    • Pitfalls
    • Other issues
  • Get to grips with matters surrounding their modification and extinguishment, including:
    • Grounds for modification/extinguishment under s 317 Property Law Act 2007
    • Leading cases of Synlait and Reynolds, and how they articulate and modify the tests
    • Differences between covenants and easements
      • - Impact for property and contractual rights
    • Procedural and practical claim issues
    • Compensation principles and evidence required
    • Costs awards


    Who Should Watch?

    Property lawyers, legal executives, and civil and commercial litigators. Developers, surveyors and planners might also find it useful.


    Presenters

    Thomas Gibbons, Principal, Thomas Gibbons Law
    John Hannan, Barrister, Bankside Chambers

Thomas Gibbons

Thomas is a specialist property and land development lawyer. His work traverses unit titles, expert opinions, technical easement and covenant advice, resource consent and plan change matters, the Public Works Act, infrastructure agreements, and local government issues. 

Thomas has presented seminars at academic and industry-based conferences in New Zealand and overseas, and wrote a series of articles on the 10th edition of the ADLS/REINZ Agreement for Sale and Purchase of Real Estate for LawTalk. He is the author of Unit Titles Law & Practice, A Practical Guide to the Land Transfer Act and co-author of Subdivisions Law and Practice, and has written various journal articles. He has provided expert evidence in the High Court on land development matters, and also serves on a number of boards and committees.

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John Hannan

John Hannan is a highly experienced lawyer specialising in employment law, and in commercial, property, and estate law litigation and advice. He has been involved in major property law cases such as Cornwall Park Trust Board Inc v Chen [2016] 2 NZLR 637. He is currently involved in a right-of-way matter in the Court of Appeal. John was a Senior Lecturer in the Auckland University Law Faculty prior to becoming a senior partner at DLA Piper New Zealand. He joined the independent bar in 2019. He also acts as an investigator and is a qualified mediator.

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $155 plus GST
Non-Member: $220 plus GST






This On Demand includes the video and materials, and will earn CPD. 

Click here to access materials only.

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