Legal stoush over land easements in Northland not over yet

Top Energy will have to wait longer after a legal stoush over easements the line company is seeking ended up in the Supreme Court. Photo / Peter de Graaf

A legal stoush between a group of landowners in Northland and the Minister of Land Information over easements for power line upgrades is not over yet, nearly three years after it began.

It's a tit-for-tat battle between the minister and landowners Dorothy and Shane Dromgool, Alan and Jennifer Poulton, and Newman Farms, of Okaihau that has ended up in the Supreme Court.

Lines' company Top Energy is planning a $40 million line upgrade from Kerikeri to Kaitaia and the company has been able to secure easements over the proposed lines route that would affect about 96 properties.

However, agreement could not be reached over a 7km stretch, known as the Mangakaretu section, and the case has bounced between the Environment Court, High Court, Court of Appeal, and now the Supreme Court.

After the minister won in the Court of Appeal, the landowners went to the Supreme Court which granted them leave to appeal in part only.

The highest court has allowed them to argue whether the Court of Appeal was correct in its interpretation of the role and obligations of the minister in deciding an application for compulsory acquisition powers.

In particular, the landowners are allowed to litigate whether the minister must be satisfied the proposed taking is fair, sound and reasonably necessary for achieving the objectives of Top Energy or whether it is sufficient that the minister is satisfied the proposed taking is capable of meeting that test.

Under the Resource Management Act, a network operator may apply to the minister to have land required for a project taken under the Public Works Act.

Top Energy refused to comment on the latest development, saying the matter was before the court.

The Environment Court ruled the Act did not contain an explicit requirement that the minister take into account any particular matters when granting the easements but rather their decision was "fully discretionary".

That interpretation was wrong, the High Court ruled.

The Court of Appeal then set aside the High Court ruling and remitted the matter back to the Environment Court to finalise the terms of the easements.

The landowners sought leave from the Supreme Court to challenge the Court of Appeal ruling.

Top Energy earlier said delays in starting the new line has forced the company to spend $12 million over 18 months on 14 back-up diesel generators in Kaitaia, Taipa, Omanaia and Pukenui.

These provided crucial power back-up should the existing Kaikohe to Kaitaia line fail and for regular maintenance work.

The ageing line will reach the end of its life by 2030.