Having already constructed 115 houses on its Dixon Road subdivision in Hamilton, Dixon Homes Ltd is bogged down in legal dispute with neighbours over further subdivision. Dixon says neighbours, the Shaw family, have welshed on an agreement to progress subdivision; the Shaws say Dixon has already benefited from a land swap without holding up its part of the deal.
Their dispute has origins in a 2013 agreement in which the Shaws agreed to transfer ten hectares of their land to Dixon Homes. In return, Dixon Homes agreed to extend planned infrastructure services and roading up to the new boundary. The Shaws allege Dixon Homes has failed to bring reticulated gas to the boundary and has left the proposed road link 27 metres short, creating what they call a ‘spite strip’ deliberately leaving a legal gap in the proposed road. Dixon Homes allege the Shaws are deliberately blocking further subdivision plans by refusing to sign Council applications and by dismissing their entire legal and technical teams to stymie progress. Since these dismissals, the Shaw family have corresponded with Dixon Homes directly under the letterhead ‘De Jure Sovereign Territorial Authorities ki Nukuhau.’
Dixon Homes said the deal is off; the Shaws lodged a caveat over part of the subdivision seeking to have their agreement enforced.
Associate judge Andrew ruled the caveat remain. The Shaws have an arguable case that Dixon Homes had no valid grounds to cancel the agreement, he said. A full trial is needed to establish the disputed facts.
Shaw v. Dixon Homes Ltd – High Court (1.06.22)
22.097