23 Nov 2012
KAPITI HIGH VOLTAGE COALITION INCORPORATED V KAPITI COAST DISTRICT COUNCIL HC WN CIV-2008-485-2723
- Citation
- openlaw-abe315ec_a6d5_4792_9603_7073c74eac1d.pdf
- Court
- High Court
Court held Waikanae certificates of compliance were invalid and Waikanae reconductoring is not protected by existing use rights; southern reconductoring consents were quashed by agreement but, on merits, southern works generally enjoy existing use rights under s10 except the span between poles 892–894 (Hindry) where reconductoring caused injurious affection and continuing trespass; EPR and EMF risks were not sufficient generally to defeat existing use rights except at Hindry playing field where risk and usage made effects material; s23 protected the remaining reconductoring works; Transpower…