New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Right of way easement

Legal area

Court

28 Aug 2020

VILLAGE RESIDENTIAL LTD v CORNES & ANOR [2020] NZHC 2230

Citation

[2020] NZHC 2230
Court

High Court

Despite applicant succeeding on entitlement to carry out the upgrade, the Court declined to award costs because the applicant materially changed and narrowed its case, failed to comply with directions, pursued arguments lacking merit, rejected legal arguments without justification, and because s 313 is remedial; these factors justified refusing costs under r 14.7 of the High Court Rules and that costs should lie where they fall.
16 Apr 2007

HEXTON HOLDINGS LTD V GK MACLAURIN AND AM MACLAURIN HC GIS CIV 2005-416-275

Citation

openlaw-1eff2a44_32c9_404a_9f73_ce500c0dbc11.pdf
Court

High Court

The Court has jurisdiction under s129B because 'right' includes the right to apply for resource consent; on the facts Lot 54 is landlocked and reasonable access in this case requires vehicular access; balancing the s129B(6) factors (history, conduct, hardship, and other matters) the plaintiff is entitled in principle to vehicular access by registration of a right of way easement over the defendants' land, with compensation payable to the defendants and implementation costs borne by the plaintiff; environmental effects and detailed conditions fall to be addressed through the RMA consent proces…