Court access wanted in Hotchin Waiheke driveway case

Boat Shed Bay on Waiheke Island. Photo / Chris Skelton

A Waiheke Island property owner wants to get court orders so it can access neighbouring land owned by a trust associated with businessman Mark Hotchin.

Last week a company called Olo Ltd - which owns a 1100 square metre property on Waiheke's Matapana Road - applied to keep a caveat in place over a much larger 4.5ha neighbouring property owned by a trust associated with the former Hanover Finance director.

Olo bought 34 Matapana Road in 2010 from a different Hotchin-linked trust in 2010 and the original sale and purchase agreement allowed the buyer access through the larger neighbouring property at 46a, the High Court at Auckland heard last week.

This access - extended for two years in April 2013 - was so the existing house on 34 Matapana could be demolished and a new one built.

See also: Hotchin house in Waiheke driveway dispute

But Olo Ltd's lawyer, Ben Russell, said last week the relationship between the parties became strained and in September or October last year the caretaker of 46a advised 34 they did not have access through the larger property.

When Olo sought to sustain a caveat last week over the Hotchin-linked 46a, Russell told Justice Graham Lang his client intended to file further action against the land's owner.

Asked outside court about that action, Russell said it would be an attempt to enforce his client's "access rights".

"We want to go to the court now to seek an order for the access rights under the agreement, independent of the question of whether or not there's a caveatable interest," Russell said.

Russell said his client would be seeking damages in the action and last week told the court that being denied access had caused his client to incur additional building costs and that building work was put off until October this year.

The lawyer could give no detail on when the action would be filed but said his client was "pretty keen to push it along".

See below for a map showing the two properties in question. The large house in the middle with the tennis court is owned by KA No 3. House number 34 Matapana Road is below, with a white roof: