Te Amo v Nicholas - Te Whaiti-Nui-A-Toi (2023) 306 Waiariki MB 7 (306 WAR 7) [pdf, 244 KB]
...order for Mrs Nicholas to have the shed remain on the land, she needs permission from the trustees, as it is they who control the occupation and use of the land. [60] The trustees, who have possession of the land, made it clear that they do not consent to the shed or the shack remaining on the land. Therefore, without clear authority to have the shed and shack on the land there is a trespass. As the legal owners, the trustees are prima facie entitled to an injunction to restrain a...