22 Jun 2023
WESTERN AVENUE PROPERTIES LTD and MCA 29 LTD v WESTERN BAY OF PLENTY DISTRICT COUNCIL [2023] NZHC 1570
- Citation
- [2023] NZHC 1570
- Court
- High Court
The easement was intended to be temporary and material circumstances changed because neighbouring properties now have road access; no parties opposed the application and the Council supported it; the originating application procedure was appropriate for this unopposed, straightforward statutory s 317 determination; accordingly the Court exercised its discretion under s 317 to modify the easement as sought and confirmed affected parties had been served.