4 Oct 2013
SQUALLY COVE FORESTRY PARTNERSHIP v WAGG & ORS CA747/2013 [2013] NZCA 463
- Citation
- [2013] 3 NZLR 793
- Court
- Court of Appeal
The statutory definition of landlocked focuses on the existing state of reasonable physical access; offers of alternative access are relevant to the discretionary decision under s328 but do not prevent land being 'landlocked' for the first stage; here the properties were landlocked in existing state, but because the yellow road offer was on reasonable terms and the High Court lacked jurisdiction to make the red road order (blue road deficiency), the appellate court quashed the High Court order and declined to grant relief.