31 Mar 2022
MANN v FAR NORTH DISTRICT COUNCIL [2022] NZHC 632
- Citation
- [2022] NZHC 632
- Court
- High Court
Section 313(1)(c) only authorises orders enforcing the express or implied terms of an easement; the asbestos pipeline was not shown to be dangerous and was not required by the easement to be removed, the replaced pipe remains part of the public work and FNDC remains responsible to keep it safely buried (including by asbestos management and inspection), and s 313 does not empower removal of the driveway because the driveway was not work required under the terms of the pipeline easement; accordingly the appeal is dismissed.