New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Easement relocation

Legal area

Court

26 Jun 2019

KAPUKA HOLDINGS LIMITED v D J HARRISON LIMITED [2019] NZHC 1462 .

Citation

[2019] NZHC 1462
Court

High Court

Because the defendant, during the hearing, adopted a practical position resolving the principal impediments (agreement to relocate the power cable and to treat the works as subdivision costs) and the subdivision agreement governed the process, the Court exercised its discretion under s339(1)(b) to order division/subdivision in accordance with the 29 June 2017 plan rather than order sale of the whole property.
17 Apr 2019

A C RHODES LTD v BUSH INN SHOPPING CENTRE LTD [2019] NZHC 877

Citation

[2019] NZHC 877
Court

High Court

Plaintiff established a serious question to be tried and damages were inadequate because defendant had blocked long‑standing registered rights of way without providing comparable access; the balance of convenience and overall justice required a provisional mandatory injunction requiring defendant to practically create similar access pending registration of replacement easements, with leave to vary if implementation proves impossible.