11 Jun 2015
BLAKESFIELD LIMITED v FOOTE [2015] NZHC 1325
- Citation
- [2015] NZAR 1140
- Court
- High Court
Overhanging branches that extend materially over the plaintiff's land and exposed surface roots that together materially impede the establishment and use of the required five metre landscape mitigation strip constitute an actionable private nuisance; the defendants' estoppel defence failed because representations in rezoning documents described the existing environment but did not clearly guarantee preservation of shelterbelts such that it would be unconscionable to allow remediation, although limited equitable considerations justify retaining and pruning a subset of trees rather than wholesa…