17 Apr 2023
PASCOE v NGĀTI TAMA CUSTODIAN TRUSTEE LIMITED [2023] NZHC 805
- Citation
- [2023] NZHC 805
- Court
- High Court
The application for an interim injunction was dismissed because the applicants failed the urgency requirement under r 7.53(2), and, substantively, there was no serious question to be tried: the 1985 licence had expired, no conservation concession was obtained so no enforceable grazing interest existed at vesting, any informal permission was terminable and was validly terminated by notice, and the deed and settlement legislation did not create enforceable grazing rights in the Pascoes; accordingly the balance of convenience and overall justice favoured respondents.