New Zealand Case Law: Decisions & Judgments

Topic

Easement rights

Legal area

Court

8 Nov 2022

FUGE & ORS v WIMAX NEW ZEALAND LIMITED [2022] NZHC 2922

Citation

[2022] NZHC 2922
Court

High Court

The High Court granted leave to appeal because Questions 1 and 2 concerning the proper legal test for easement interference are capable of serious argument and of general significance, and because the Trust's challenge to the scope of judicial discretion under s 313 PLA raises a legally important issue suitable for appellate determination; leave was refused on a subsidiary factual contention about the word 'inescapable.'
8 Apr 2022

FIRST GAS LIMITED v GIBBS [2022] NZHC 713

Citation

[2022] NZHC 713
Court

High Court

The without‑notice stay was refused because the urgent public and infrastructure interest in completing remediation and allowing ongoing access to the pipeline outweighed the Trust's asserted harm; repairs had been carried out and a stay would cause a deadlock over access and add nothing to the conditions already imposed by the judgment, particularly given First Gas' undertaking to comply with those conditions and the lack of time for First Gas to file responding evidence.
9 Dec 2021

R v LISIATE [2021] NZHC 3387

Citation

[2021] NZHC 3387
Court

High Court

The without‑notice application for a stay of execution was refused because the urgent repair work had been carried out but continued access was necessary to complete remediation and monitoring, a stay would create a harmful deadlock and add nothing to existing conditions which First Gas indicated it would observe, and First Gas had not had adequate opportunity to file evidence on the urgent application; the matter is to proceed on notice with a set timetable and separate handling of contempt and further evidence applications.
19 Oct 2021

FIRST GAS LIMITED v GIBBS [2021] NZHC 2794

Citation

[2021] NZHC 2794
Court

High Court

The Court held that First Gas' statutory rights under its pipeline authorisation and registered PECs, as preserved by subsequent statute, confer broad powers to enter and to store machinery and deposit spoil on land described in the PECs (not strictly confined to the 12m corridor) for the purpose of repair; First Gas demonstrated a strong case, urgency, and that damages would be inadequate given the national importance of the pipeline, so the interim injunction was varied to permit limited use of adjacent land for spoil and equipment subject to specified conditions and monitoring, with timing…
31 Oct 2012

IAKOPO and ANOR v RUTHERFORD HC AK CIV-2012-404-001680

Citation

openlaw-afbbf57b_1527_4dc5_866e_f42f61cbde82.pdf
Court

High Court

The defendants have no legal easement or entitlement to have the gates intrude on the plaintiffs' land; the agreement and attached plan did not run with the land on objective analysis; the plaintiffs established a serious question to be tried and the balance of convenience favoured interim relief preventing intrusion; accordingly interim relief was granted and costs awarded to the plaintiffs on the standard scale limited to interlocutory steps.
19 Aug 2009

JAGGAR & ORS V JAGGAR & ORS HC CHCH CIV-2008-409-002241

Citation

openlaw-fc1bdbc7_2db4_4f8f_909b_6ad51aefd050.pdf
Court

High Court

Summary judgment entered for the Kelby Trust ordering payment of 50% of the solicitors' trust funds because the deed of resettlement and trust terms created an unequivocal entitlement and any solicitor's lien did not attach to funds held for a specified purpose; summary judgment was refused in respect of ownership of the resource consent because material factual issues (parties' common intention, scope of easement, quantity of water rights and possible mistake or need for rectification) required trial evidence and could not be resolved on affidavit material.

New Zealand Case Law

FUGE & ORS v WIMAX NEW ZEALAND LIMITED [2022] NZHC 2922

FIRST GAS LIMITED v GIBBS [2022] NZHC 713

R v LISIATE [2021] NZHC 3387

FIRST GAS LIMITED v GIBBS [2021] NZHC 2794

IAKOPO and ANOR v RUTHERFORD HC AK CIV-2012-404-001680

JAGGAR & ORS V JAGGAR & ORS HC CHCH CIV-2008-409-002241