A judge in the High Court at Gisborne has ordered a local farmer to allow an Auckland businessman - who owns a "landlocked" property next-door - to build a road through his grapevines.
John McKendry, of One Tree Hill, owns a couple of springs on the outskirts ofGisborne, known as the Brewery Spring and the Acton Spring, and wants to build a bottling plant on the site. But he was unable to buy land from three neighbours.
Hexton Holdings, which Mr McKendry owns, has been granted an order by Justice Pamela Andrews giving it an easement over part of the vineyard owned by neighbouring farmers Graham and Ann Mary MacLaurin.
"Vehicular access is necessary for the purposes of constructing and operating a water bottling plant," Justice Andrews said in a judgement issued yesterday.
She said the present access was difficult and circuitous and depended on consent from Mr and Mrs MacLaurin, which "cannot be characterised as reasonable".
"Mr McKendry's knowledge of the limitation on access to Lot 54 at the time it was purchased ... does not preclude the plaintiff from obtaining relief," Justice Andrews said.
She declined to accept a proposal by a witness for Mr McKendry that he pay Mr and Mrs MacLaurin $50,000 compensation, and instead invited the parties to seek agreement on a payment after the Environment Court had heard appeals from the MacLaurins and other neighbours against consents for water to be taken from the springs.
