22 Sept 2016
GUO v BOURKE & TOTHILL [2016] NZHC 2240
- Citation
- [2016] NZHC 2240
- Court
- High Court
Findings of fact established an original wooden gate existed and respondents replaced it with steel gates in the same position after obtaining the applicant's verbal consent; the structure therefore falls within the Fencing Act and s323 relief is excluded, and the applicant is estopped from seeking removal of the gates. However, because the applicant was not informed the new gates would be electronically controlled and thus denied practical access she previously enjoyed, equity requires the respondents to provide the applicant with the means to operate the gates to access the full extent of t…