23 Feb 2022
KENNEDY POINT BOATHARBOUR LTD v BARTON [2022] NZHC 257
- Citation
- [2022] 2 NZLR 696
- Court
- High Court
The Court held there is a serious question to be tried that KPBL is entitled, under s 122(5) RMA and by necessary implication from the consent and surrounding material, to exclude others from specified active marina construction areas in the CMA to the extent reasonably necessary to implement the coastal permit. On balance of convenience and overall justice (including safety and adequacy of damages), an interim injunction should be maintained but limited: it applies only to demarcated staged construction areas in the CMA while construction is occurring and must be varied to avoid landward ext…