It took a court order for First Gas to gain access to farmland north of New Plymouth for urgent work on its natural gas pipeline. The Gibbs family at Pariroa blocked access, intimidating contractors and demanding extravagant payments for overseeing work.
First Gas owns the 300 kilometre pipeline delivering natural gas from Taranaki to upper North Island. North of New Plymouth, the line runs along the coast through geologically unstable land. A 2018 inspection discovered a buckle in the underground line at Pariroa, on land farmed for generations by the Gibbs family. With the Gibbs’ agreement, an above ground diversion was put in place as a temporary fix with regular payments made for use of land occupied by the bypass. There was subsequent disagreement over extra compensation claimed by the Gibbs. First Gas refused to pay all that was claimed. Three years later, tempers flared when First Gas sought access to install a permanent underground repair.
The High Court was told the Gibbs and their allies blocked access. They issued trespass notices against contractors. Forced to allow access by temporary court order, they intimidated contractors demanding information about work proposed, filmed work and posted to social media videos of contractors at work together with derogatory comments. First Gas sued.
Justice Grice ruled members of the Gibbs family committed the tort of nuisance by unlawfully interfering with First Gas’ rights of access to maintain and repair the pipeline. First Gas has statutory rights of access across private property set out in a petroleum easement certificate issued under the Petroleum Act. These rights extend to storage of vehicles and equipment onsite during maintenance. A permanent court injunction was issued ordering the Gibbs family not interfere with ongoing work. It was agreed the Gibbs were entitled to compensation assessed by a registered valuer for disruption to farming activities. Repair work was expected to take two to three months. Justice Grice indicated payment of $100 per hour for a member of the Gibbs family to be on site overseeing work would be appropriate. Evidence was given that landowners in similar situations are usually paid between $60 and $80.
First Gas Ltd v. Gibbs – High Court (3.12.21)
22.014