3 Mar 2011
TRUSTEES OF NGA MAUNGA KAITAIKI TRUST v KORDIA LTD HC ROT CIV-2008-463-000301
- Citation
- openlaw-a42ea29e_4dce_4f83_8a9b_fa914539e74d.pdf
- Court
- High Court
Entry into the 1995 finite licence did not constitute an express and unequivocal decision by BCL/Kordia to forgo the statutory protection afforded to existing works by s20 (Telecommunications Act 1987) or s155 (Telecommunications Act 2001); therefore Kordia retained the statutory right to have its installations (and additions that do not substantially alter their character or location) fixed on the Maunga. A network operator can abandon protection but must do so clearly; absent that, statutory protection continues and ownership does not merge with the landowner.