15 Mar 2023
JOHNS ROAD HORTICULTURAL LIMITED v POWELL [2023] NZHC 511
- Citation
- [2023] NZHC 511
- Court
- High Court
The court found s317(1)(a) and related grounds satisfied because the land has materially changed from rural horticultural use to residential/commercial use and the character of the neighbourhood has changed; the original drainage easements are redundant or inadequate for urban stormwater, the Second Easement is partly extinguished by Crown acquisition, and continuation of the easements would impede reasonable urban development (including vesting of roads); JRHL installed a stormwater system that mitigates any injury and allows connections, so no substantial injury arises; accordingly the cour…