16 Feb 2016
DUCKIE INVESTMENT CO LTD v FORMOSA AUCKLAND COUNTRY CLUB LTD (IN LIQUIDATION) & ANOR [2016] NZHC 177
- Citation
- [2016] NZHC 177
- Court
- High Court
The easement was extinguished because the resource consent authorising the dam expired on 31 May 2012 making operation and supply unlawful, the dam was lawfully removed so the easement cannot be exercised without new consents, there would be no substantial detriment from extinguishment and the statutory criteria in s317 were satisfied.