1 Feb 2017
KINGSBEER v OKEY [2017] NZHC 57
- Citation
- [2017] NZHC 57
- Court
- High Court
The 2009 equitable grant of a right of way was invalid because s 348 LGA required prior council permission which was not obtained; alternatively, even if valid, the easement is extinguished under s 317 PLA 2007 because post-2009 use by heavy Class 3 vehicles materially changed the burden on the servient tenement causing disproportionate disadvantage; no compensation awarded to grantee; extinguishment to take effect six weeks from judgment.