Hansard v Tame Et Ux - [1957] NZLR 542

Road — Fence erected on Legal but Unformed Road — Adjoining Owner in Possession and Beneficial Ownership of Such Fence — Removal of Fence by Neighbouring Owner without Authority of Local Authority or Crown — Defence of Jus tertii not Available — Possession of Fence constituting Title thereto against Wrongdoer — No Right personally to remove Fence as Obstruction of Right of Access to Highway — Implied Statutory Prohibition of Removal of Fence by Violent Action, even assuming Absence of Local Authority's Consent to its Continuance of Fence — Public Works Act 1928, s 146.