21 Dec 2017
OKEY v KINGSBEER AND BERNADETTE PLAW IN THE CAPACITY OF TRUSTEES OF THE PAK TRUST [2017] NZCA 625
- Citation
- (2017) 19 NZCPR 25
- Court
- Court of Appeal
Court held an equitable vehicular right of way existed in favour of the appellants (dating to 1986 by part performance and writing); s348 LGA did not render the easement invalid because council permission could be inferred from Council conduct and the statutory penalties/registration provisions do not automatically void equitable rights; s317 modification/extinguishment was not warranted on the facts; court exercised its s313/s314 powers to order appellants to pay 75% and respondents 25% of the cost to upgrade the roadway to the standard required by Palmerston North City Council.