Manuka honey is the new gold. Whanganui neighbours are at war with allegations of ‘boundary stacking;’ placing hives on boundaries to harvest nectar from neighbouring properties.
Nirvana Farm Ltd, together with other beekeepers, alleges neighbour Makakaho Land Company Ltd is poaching manuka nectar with strategically placed hives on their common boundary. More narrowly, the dispute is between Gerald Pearce and Rodger Pearce. They share more than a common surname; the ability to gather commercially valuable manuka honey from manuka scrub around Waitotara.
Nirvana and Gerald claim to have suffered losses in excess of $612,000 because Makakaho and Rodger overstocked their common boundary. Nirvana is suing; alleging trespass and nuisance. Whether bees entering from a neighbour’s property can amount to either trespass or nuisance has lawyers scratching their heads. It is a novel legal problem. The High Court has been asked to rule.
Meanwhile, strict rules were set down by Justice Cull pending a full court hearing. Makakaho is prohibited from placing hives within 300 metres of their common boundary and is allowed no more than one hive per hectare of manuka on its property. Previously, Makakaho had some 600 hives on the common boundary. Nirvana is allowed to fly drones over Makakaho to check placement of hives. Inspectors appointed by Nirvana are entitled to be present at harvest to record the volume of honey extracted by Makakaho.
Nirvana Farm Ltd v. Makakaho Land Company Ltd – High Court (10.12.20)
21.013