Frame and Mirror director Graeme Patching, who has business next to the site, and neighbouring Triton Dairy owner Hitesh Ravji have ignored requests to move their vehicles.
In December 2024, Patching allegedly sent M Group threatening text messages, including one saying “Stay the f*** off our property’s [sic] you have no easement rights”.
A “No Trespassing” sign was then put up.
The access way at the centre of the stoush. Image/Google
This year, Patching allegedly confronted two of the company’s directors aggressively, threatened to erect a fence and parked his Mercedes on the land to block access.
The decision says the project was meant to get under way early this month with the delivery of site containers, comprehensive surveying, installation of temporary utilities and delivery of heavy construction machinery.
But the developers said their neighbours continued to deliberately thwart access to the site, so they took their case to the High Court.
The developers submitted that vehicular access over the land, registered as an easement, had been in place since 1959 and is essential for the development.
They sought the immediate removal of vehicles, temporary structures and storage containers to allow access to the site for construction. They also sought a permanent injunction preventing further obstruction of the right of way.
In a decision dated September 1, but only recently released, Justice Lisa Preston said the developers had established grounds for the court to grant injunctive relief so construction could begin on time.
However, M Group Properties told NZME its neighbours’ items still remain on site this week, violating the court order.
While Patching did not reply to NZME’s inquiries, Ravji said when contacted that he had nothing to say about the matter.
M Group Properties director of operations Sean McCrory told NZME in a statement that the company sought to maintain an amicable and respectful relationship with the parties involved since purchasing 382 and 384 Colombo St last year.
“We’ve been excited to bring this derelict site back to life, which has been sitting vacant since the Christchurch quakes.
“Unfortunately, a mutual agreement could not be reached, so our final option has been to seek a legal decision.”
He said the company had been contacted by lawyers acting for one of the individuals and conveyed to their legal representation that items need to be removed immediately, otherwise the matter will return to the courts.
“We continue to offer assistance and are open and willing to help both parties remove their possessions before further legal action is taken.”
Nearly three-quarters of the units were pre-sold unconditionally with sunset clauses typically 18 to 24 months from agreement dates, creating legal obligations.
M Group Properties say neighbouring businesses are obstructing the development. Photo/ George Heard
The company wants to have the development completed in March 2026 and says the September construction commencement timing is critical for project viability and meeting purchaser agreements.
Not only would damages fail to adequately compensate for development delays, but there was risk, as any breach of contractual obligations may be expected to cause commercial harm, including financing costs, lost opportunity costs and reputational damage.
Justice Preston said there was no practical alternative access to the right of way, given the duration and nature of the construction process.
“The evident and continuing obstruction disturbs the longstanding legal arrangements and property rights which have been in place some 66 years as a result of the registered easement,” the judge said.
“I accept on the evidence before me the defendants are obstructing these rights through vehicle parking and container placement across the easement area.”
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the past 16 years. Most recently, he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.