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Thames-Coromandel District Council Territorial Authority v Taiwhanga [2018] NZDC 1506

Published 11 April 2019

Enforcement of injunction order — Building Act 2004, s 220. The plaintiff sought to enforce orders made in November 2017 restraining the defendant from carrying out building work and directing the building erected on that land be demolished. Specifically, the plaintiff sought orders that: (a) the respondent be detained for a term not exceeding three months; (b) the applicant be authorised to enter on to the land and demolish and remove the buildings which had been erected on the land without building consent; (c) and sought such further or other orders that may be just or appropriate in the circumstances. The plaintiff provided affidavits to the Court attesting to the fact the defendant still had building structures in place, and while parts had been removed, the defendant has begun erecting new structures on the land. The Judge held that given the plaintiff had provided notice required under s 220 of the Building Act, the plaintiff's application would be granted. The Judge ruled that the plaintiff is authorised to enter the land and demolish and remove those buildings erected without building consent and subject to the November 2017 order. However, the plaintiff would need to file another application with supporting affidavit to obtain a further order from the Court in relation to the remaining buildings. Judgment Date: 31 January 2018.

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