New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pipeline authorisation

Legal area

Court

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…
9 Jul 2021

FIRST GAS LIMITED v GIBBS, GIBBS AND HORTON [2021] NZHC 1722

Citation

[2021] NZHC 1722
Court

High Court

There is a serious question to be tried about the scope of First Gas' statutory authorisation and easement rights and whether a collaborative process limits them; balance of convenience and urgency (risk to North Island gas supply, limited window to repair before 2023 in-line inspection) favour interim relief; accordingly an interim injunction was granted restraining defendants from obstructing or interfering with First Gas' rights under the pipeline authorisation and easement certificates, subject to confinement of physical works to the easement corridor and archaeological precautions.