27 Aug 2021
VICTORIA LANE REMUERA LTD v WHITE [2021] NZHC 2228
- Citation
- [2021] NZHC 2228
- Court
- High Court
The Court, exercising its broad discretion under ss 319–320, concluded that authorisation to enter the neighbours' airspace with a flat top crane should be granted because a flat top crane is the safer, more efficient and practically necessary option for lifting 5.6 tonne precast panels 50 metres on the constrained site; however the authorisation is conditional and further procedural steps are required to fix enforceable protections (including an indemnity/security and compensation arrangements) and the parties are directed to file a timetable for further evidence and draft orders for detaile…