New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fencing

  • 11 Oct 2021

    WEAL v PALACE DEVELOPMENTS 2016 LIMITED [2021] NZHC 2709

    Citation
    [2021] NZHC 2709
    Court
    High Court

    The court ordered the plaintiff to amend the statement of claim to provide specific particulars for each pleaded breach that are necessary to inform the defendant what is alleged and to enable preparation: identify precise location and area on plaintiff's land affected, the specific non-compliance with the consultation/Contour Plan, available physical particulars (eg gradients where possible, volumes and area), composition of backfill if alleged unsuitable, proposed remediation method and a detailed breakdown of remediation costs. The court declined to require particulars of how breaches affe…

  • 19 Apr 2013

    WINTER V SHORT HC DUN CIV 2012-412-000549

    Citation
    openlaw-1db96fc9_deb1_41c2_a24f_be97e0384f4c.pdf
    Court
    High Court

    The parking easement, as expressed and having regard to the circumstances at grant, did not include a reasonably necessary ancillary right of vehicular access from the dominant tenement across the servient tenement; however pedestrian access is reasonably necessary and must be provided; the registered easement is valid and not void; a fence is permissible subject to conditions (pedestrian gateway and defendants to meet specified costs).