Published 23 March 2018
Reserved judgment — right of way — contempt — easement — property — Hinde McMorland & Sim Land Law in New Zealand. The defendant owns a property in Whangarei. A right of access way runs across the property in favour of the plaintiffs giving access to the plaintiffs' property. The defendants had erected a fence along their boundary line which effectively fenced off the point where the plaintiffs’ access way intersects the right of way. The plaintiffs became concerned that the defendants were blocking the right of way so obtained an injunction to prevent this from happening. The plaintiffs asserted that the defendants have ignored the terms of the injunction by blocking the right of way with a boundary fence — erected after the defendants had been served with the interim injunction. Accordingly the plaintiffs sought an order that the defendants are in contempt of court. The court found that it is reasonable for the plaintiffs to access the right of way at the point where their own access way intersects the right of way by means of a gate through the boundary line. The defendants have not provided an access gate in the fence-line, and to that extent therefore are in breach of the injunction and in contempt of court. To maintain the integrity of the right of way a gate in the fence at the point where the plaintiffs' access way intersects the right of way capable of being used by vehicles, and being opened freely at all times is all that is required. Costs were awarded on a 2B basis to the plaintiffs, being in the Courts view sufficient sanction for the contempt. Judgment Date: 26 June 2017
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