16 Apr 2007
HEXTON HOLDINGS LTD V GK MACLAURIN AND AM MACLAURIN HC GIS CIV 2005-416-275
- Citation
- openlaw-1eff2a44_32c9_404a_9f73_ce500c0dbc11.pdf
- Court
- High Court
The Court has jurisdiction under s129B because 'right' includes the right to apply for resource consent; on the facts Lot 54 is landlocked and reasonable access in this case requires vehicular access; balancing the s129B(6) factors (history, conduct, hardship, and other matters) the plaintiff is entitled in principle to vehicular access by registration of a right of way easement over the defendants' land, with compensation payable to the defendants and implementation costs borne by the plaintiff; environmental effects and detailed conditions fall to be addressed through the RMA consent proces…