10 Nov 2016

Wellington fence fight reaches High Court

10:07 am on 10 November 2016

A lengthy fight between neighbours over a fence in a wealthy Wellington suburb has reached the High Court.

The fence partially demolished on Monday 8 February.

Photo: RNZ / Kate Gudsell

After a series of legal battles, Roseneath resident David Walmsley was ordered by the Environment Court to take down the fence because it blocked the view of neighbours Peter and Sylvia Aitchison.

Mr Walmsley has now appealed to the High Court.

His lawyer Tom Bennion told the court a $72,500 award of costs against him should be set aside.

He said the judge in the Environment Court erred in awarding costs because Mr Walmsley's case was without merit.

Mr Bennion said Mr Walmsley was acting within what he saw as the District Plan for the area.

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