New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Building consent conditions

Legal area

Court

3 Sept 2020

MAWSON v HITCHFIELD [2020] NZHC 2287

Citation

[2020] NZHC 2287
Court

High Court

The Court found a serious question to be tried on title, trespass and equitable defences but refused the interim mandatory injunction because the balance of convenience and overall justice favoured maintaining the status quo: applicants proceeded with development and incurred substantial holding costs with knowledge of the dispute, reasonable alternatives (amend consent or boundary adjustment) existed, demolition would cause likely irreversible prejudice to respondents, and the applicants' undertaking as to damages lacked sufficient backing.
1 Feb 2017

KINGSBEER v OKEY [2017] NZHC 57

Citation

[2017] NZHC 57
Court

High Court

The 2009 equitable grant of a right of way was invalid because s 348 LGA required prior council permission which was not obtained; alternatively, even if valid, the easement is extinguished under s 317 PLA 2007 because post-2009 use by heavy Class 3 vehicles materially changed the burden on the servient tenement causing disproportionate disadvantage; no compensation awarded to grantee; extinguishment to take effect six weeks from judgment.