15 Mar 2004
OHINETAHI RIDGE LIMITED And Anor V WILLIAM STUART WITTE AND KAY JEAN WITTE CA CA122/03
- Citation
- openlaw-3f798f12_0371_43ce_afe7_4c432fa1a5f6.pdf
- Court
- Court of Appeal
The Witte and Valentine easements must be construed by reference to the existing water supply system and its physical structures at the time of creation; those easements give the Valentines and Wittes first access to the spring through their storage capacity and the Causers are limited to the overflow—any upstream diversion or tapping that restricts the free and unimpeded flow breaches the covenant and is not permitted; the extinct Koa Mara easement did not relieve the Causers from these obligations.