New Zealand Case Law: Decisions & Judgments

Topic

Frontager rights

Legal area

Court

4 Nov 2013

MURRAY AND MILLS v WELLINGTON CITY COUNCIL CA64/2013 [2013] NZCA 533

Citation

[2013] NZCA 533
Court

Court of Appeal

The Court held the Council breached its duty to consult by removing licence conditions, quashed the impugned decision restoring the conditions, and reinstated the High Court interim injunction to preserve the pre-decision status quo pending the Council's reconsideration; the frontager rights claim failed on the facts and the claim in public nuisance was dismissed; the Council's cross-appeal was dismissed.
20 Feb 2013

MURRAY V WELLINGTON CITY COUNCIL HC WN CIV-2011-485-001991

Citation

openlaw-97c9b802_a57c_4a09_aa6b_376c95471d39.pdf
Court

High Court

Plaintiffs entitled to costs against Wellington City Council on a scale 2B basis but reduced by 25% because the plaintiffs failed on a significant frontager rights cause of action which materially increased WCC's costs; disputed expert report costs were allowable as they were necessary; the list preparation claim is reduced to 0.6 days; no costs awarded for the present costs application.
17 Dec 2012

MURRAY V WELLINGTON CITY COUNCIL HC WN CIV-2012-485-001991

Citation

openlaw-0fadd70f_b00c_4563_beca_beaefed5b901.pdf
Court

High Court

The Council's decision to reissue the encroachment licence without the two conditions originally imposed after consultation created a procedural unfairness and breached the plaintiffs' legitimate expectation of consultation; that decision was void and must be quashed and the original conditions reinstated; however the primary grant of permission for the car pad itself did not unreasonably infringe frontager rights and was not set aside.

New Zealand Case Law

MURRAY AND MILLS v WELLINGTON CITY COUNCIL CA64/2013 [2013] NZCA 533

MURRAY V WELLINGTON CITY COUNCIL HC WN CIV-2011-485-001991

MURRAY V WELLINGTON CITY COUNCIL HC WN CIV-2012-485-001991