15 Dec 2022
GIBBS v FIRST GAS LTD [2022] NZCA 627
- Citation
- [2022] NZCA 627
- Court
- Court of Appeal
The Court held that the PECs together with the Petroleum Act 1937 give First Gas a right of entry on the land to which the certificates relate for inspection, repair and maintenance of the pipeline and to deposit/store machinery as necessary; those rights are not confined to the 12 metre pipeline strip shown on the PEC diagrams, the prior construction-phase Maui Pipeline Agreement did not bind or limit First Gas and was effectively superseded by the PECs, and a permanent injunction restraining the Trustees from obstructing access was appropriate given the history of obstruction and the public…