IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CIV-2021-443-016
[2021] NZHC 2794
BETWEEN FIRST GAS LIMITED
Plaintiff
AND
RUSSELL VICTOR GIBBS PARANI JOSEPHINE GIBBS LEIGH JOSEPH HORTON
Defendants
Hearing (AVL): 15 October 2021 Appearances:
L P Wallace for the Plaintiff S J Grey for the Defendants
Mr Stretton in attendance for the Plaintiff
R and M Gibbs in attendance for the DefendantsJudgment:
19 October 2021
JUDGMENT OF GRICE J
(variation of interim injunction)
[1] First Gas has filed a without notice application to vary the terms of an interim injunction granted on 9 July 20211 (as clarified in a minute of 6 August 2021).2 Since that time the application for a permanent final injunction and related declaratory relief has been heard. The judgment is pending.
[2] The without notice variation application was directed to be served and has been dealt with on a Pickwick basis.3 The parties made oral submissions at an audio-visual
1 First Gas Ltd v Gibbs [2021] NZHC 1722.
2 First Gas Ltd v Gibbs HC Te Whanganui-a-Tara | Wellington CIV-2021-443-016, 6 August 2021 (application to rescind order).
3 Such an application is served at the time of filing so that the defendant can be represented in Court when the application without notice is heard. See Pickwick International Inc (GB) Ltd v Multiple Sound Distributors Ltd [1972] 1 WLR 1213, [1972] 3 All ER 384.
FIRST GAS LIMITED v GIBBS [2021] NZHC 2794 [19 October 2021]
conference and the defendants filed an unsworn affidavit by Mr Russell Gibbs. Following discussions at the conference the plaintiff filed an amended application and draft order incorporating amendments discussed at the conference. The defendants filed a further unsworn affidavit by Mr Gibbs following the conference seeking an adjournment of the application.
[3] The original interim injunction permitted the inspection and survey of a “buckle”, or defect, in the Maui high-pressure gas pipeline operated by the plaintiff that runs through the defendants’ farm. The buckle was said to put five metres of the pipeline at risk of failure. An emergency bypass was constructed to divert the gas supply from the area of the buckle. The emergency bypass and diversion of the gas was referred to as the Pariroa Project Phase 1. Failure of the pipeline would have disastrous effects, not only because of safety issues but, also because the pipeline supplies 90 per cent of the gas needs of the North Island. Customers include large commercial users such as the Huntly Power Station and Fonterra plants.
[4] The sealed order/interim injunction allowed for inspection, repair, and related work to be carried out by First Gas along the easement corridor. That is a strip of land 12 metres wide along which the pipeline is laid (the pipeline corridor). It is delineated on the Survey Office diagrams attached to the two pipeline easement certificates (PECs) registered against the relevant Certificates of Title. The schedules to the two PECs describe the corridor…
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