By GREGG WYCHERLEY
A judge has ruled that power company UnitedNetworks trespassed on a Whitianga farmer's land when it installed a new cable without permission.
Nicholas Murray-Leslie sued UnitedNetworks for $200,000 after the company entered his land and installed a 1650m cable after the existing 10-year-old cable malfunctioned.
He claimed the installation of the 11,000-volt cable in 1997 caused widespread floods, damaging 5ha of grazing land, and had reduced the property's value.
Judge Joanna Maze awarded Mr Murray-Leslie $137,000 and ruled that the company must negotiate an easement for the loss of the 4m-wide strip across the property where the cable was laid.
Mr Murray-Leslie and his wife Monique are organic farmers and extract oil and honey from manuka and kanuka trees on the 162ha property.
He had told UnitedNetworks staff they needed an easement and was angry that the company had come on to his property and installed the new cable against his wishes.
"This kind of act is disgraceful.
"They knew they needed an easement and they should have negotiated one and saved us all this time and nonsense."
The original cable was installed by the Thames Valley Electric Power Board in 1987 under statutory rights granted under old Ministry of Works regulations.
After the old power boards were replaced in 1992 by profit-driven energy companies responsible to shareholders, the new utilities were allowed right of access only to "inspect, maintain, or operate existing works".
UnitedNetworks counsel David Wilson, QC, had argued that the 1997 cable replaced the 1987 cable as maintenance of existing works, and therefore no trespass occurred and there could be no claim for damages.
But Judge Maze said replacement of the cable was not maintenance, and the "sheer scale of the work" suggested it was a creation of new works.
"What was done was a total replacement of the cable across the farm, and therefore a total replacement of the existing work."
Mr Murray-Leslie's lawyer, Alan Houston, QC, said the decision meant lines companies would have to think twice before entering private property against the wishes of the owner.
"In this case they have suffered quite a severe setback."
Power company told to pay $137,000
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