7 Jan 2013
FAR NORTH DISTRICT COUNCIL V RIGHTSIDE PROPERTIES LIMITED HC WHA CIV-2012-488-881
- Citation
- openlaw-7b294546_c2cd_4634_b700_ffd4d41f3a44.pdf
- Court
- High Court
Although the Council did not establish a powerfully arguable negligence claim against the respondents, the Court was satisfied the Kaikohe Hotel was a dangerous building under s121 and that the Council, by virtue of its enforcement duties and the Court's inherent jurisdiction (consistent with the Building Act), had standing to seek interim relief; the balance of convenience and the overriding public safety interest justified granting a mandatory interim injunction directing the respondents to prevent access to the building until further order.