Published 09 July 2018
Application for permanent injunction — enforcement of a registered easement — access to mountain — predator proof fence — interim injunction — reserved judgment — Shell (Petroleum Mining) Co Limited v Todd Petroleum Mining Co Limited [2008] 2 NZLR 418. The plaintiff sought to have an interim injunction enforcing a registered easement made permanent. The registered easement allowed the plaintiff access over a part of the defendant's land to a reserve area contained within a predator proof fence, and for authorised persons to maintain that fence. Authorised persons were defined in the easement as workers engaged by the Plaintiff and approved by the landowner. Paid tours were conducted by Maungatautari Ecological Island Trust (who had paid for and erected the fence) on the defendant's land that made up part of the reserve area, which the plaintiff accepted it was not permitted to do. The plaintiff's position was that the defendants were being obstructive and were arbitrarily declining applications to have MEIT workers authorised to access the land with the purpose of maintaining the fence as the defendant's refused to give reasons for declining each request. The court found that the defendant had willingly granted the original easement and that, whilst they may have legitimate grievances in relation the the fence and gates, that the appropriate dispute resolution process should be followed. The court found that there had been ongoing resistance by the defendants and that the permanent injunction must be granted. A permanent injunction was granted in the same language as the easement so as to prevent prejudice to the defendants. Judgment Date: 22 September 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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