Kennedy Point Boatharbour Ltd v Barton - [2022] 2 NZLR 696

Injunction — Interim injunction — Balance of convenience and overall justice — Financial harm if construction disrupted — Limited to construction areas — Order needed to be more proportionate and rights consistent — Rights of mana whenua should be accommodated wherever possible.

Injunction — Interim injunction — “Persons unknown” — Exceptional nature — Must be defined by reference to their alleged unlawful conduct — In connection with protest action against construction appropriate — Order to be limited by duration and geography.

Injunction — Interim injunction — Without notice — Obligation of disclosure — Required clear identification of rights protected by New Zealand Bill of Rights Act 1990 — Obligation to disclose Te Tiriti o Waitangi / Treaty of Waitangi and tikanga issues and sufficient overseas case law.

Resource Management — Consent not providing for exclusive occupation — Implied right of exclusive occupation reasonably necessary to achieve the purposed of the consent — Resource Management Act 1991 s 122(5)(b).