New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Access easements

  • 16 Dec 2015

    BAYLY v HICKS [2015] NZHC 3248

    Citation
    [2015] NZHC 3248
    Court
    High Court

    The Court ordered partition in kind based on the independent experts' five-lot scheme (with a limited pedestrian right of way amendment), allocating lots 1 and 4 to the applicant and lots 2 and 3 to the respondents' family trust, with lot 5 as a common access lot, because that division best achieved a fair and reasonable equal sharing of the property's distinct land types and opportunities; no compensation was ordered.

    • Partition
    • Subdivision
    • Valuation
    • Esplanade reserve
    • Access easements
    • Costs

  • 7 Jul 2010

    WATERSIDE GROUP DEVELOPMENTS LIMITED AND ANOR V KUO HC AK CIV-2010-404-2384

    Citation
    openlaw-0967034b_1fd0_40ab_a715_a75970cf8234.pdf
    Court
    High Court

    On the material before the Court it was reasonably arguable that the purchasers had an arguable interest and that the cancellation was premature given the contract expressly contemplated zoning/plan change, possible amalgamation and access arrangements; therefore the caveat should be sustained pending substantive determination of the parties' rights.

    • Caveat
    • Time of the essence
    • Contract cancellation
    • Resource consent
    • Subdivision
    • Plan change

  • 29 Oct 2007

    HEXTON HOLDINGS LTD V MACLAURIN HC GIS CIV 2005-416-275

    Citation
    openlaw-bb80b49e_ed52_4f13_b478_8f73784be2a4.pdf
    Court
    High Court

    The judgment was recalled because the court failed to consider a pleaded, material claim for services easements (a very special reason). On the remedial and broad wording of s129B, and its powers to impose terms and make consequential orders, the Court has jurisdiction to grant services easements ancillary to an access easement where they are necessary to give full effect to the access relief granted; accordingly services easements were ordered over the same route and compensation adjusted.

    • S129b property law act 1952
    • Service easements
    • Access easements
    • Recall of judgment
    • Compensation