19 Dec 2008
MACLAURIN V HEXTON HOLDINGS LTD CA CA212/07
- Citation
- openlaw-f5356440_ac84_4468_bd81_3f2586fcab86.pdf
- Court
- Court of Appeal
The High Court erred by treating a mere right to apply for a resource consent or a resource consent under appeal as an operative 'right' for s 129B; only existing uses and operative rights/consents count for determining reasonable access; on the facts Hexton's land is not landlocked for its existing uses and the s 129B claim must be dismissed, quashing the High Court orders.