Zorka Krill v Anthony Rampling [2016] NZDC 9207

Published 15 August 2016

Removal or trimming of trees — whether trees on neighbour’s property constituted undue obstruction — Property Law Act 2007, ss 334-336 — Yandle v Done [2011] NZLR 255 — Yandle v Done [2011] NZLR 255. Order made for defendants to maintain trees on their property at a height of 2.8 metres so as to give the plaintiff better enjoyment of the view from her property. While the applicant sought to have the trees maintained at 2.2 metres the order reflected a compromise between the parties. Yandle noted that “it will often not be appropriate to make an order that restores the applicant’s views completely because the order is only necessary to the extent that it prevents the obstruction of the view from being undue”. The Judge was satisfied that neither party would suffer hardship as a result of the order.