30 Nov 2023
RUBY & RATA LIMITED v REED TRUSTEE 2018 LIMITED [2023] NZHC 3462
- Citation
- [2023] NZHC 3462
- Court
- High Court
The Court construed the registered ROW and implied rights as sufficiently broad to permit formation of carriageways at points X and Z and removal of the pūriri tree T where reasonably necessary for present farming operations; removal of a single tree was not disproportionate given forestry/amenity evidence and the need for safe, straight-line access; the defendants failed to satisfy s 317 thresholds to modify the easement; the wider declaratory relief and pre-emptive restrictions on future uses were refused as speculative; plaintiff awarded $15,000 general damages and exemplary damages were d…