Parking vehicles to block a concrete pour for foundations at a new build on a site neighbouring their home at Bay Hill subdivision in Wellington’s Island Bay, Maria Burns and Robert Seymour did not help their legal claim that the neighbour’s plans did not comply with subdivision design rules. If later found not to comply, damages will suffice, the High Court ruled. Similar cases have seen modest damages awarded; little more than $25,000.
Island Bay Ltd’s subdivision has covenants registered on each of 37 titles requiring consent from Island Bay for all build designs.
William and Stacey Lewis faced objections from future neighbours Maria Burns and Robert Seymour claiming their proposed house plans did not comply with Island Bay’s design guide.
A list of multiple complaints reinforced their primary objections; shading and a loss of privacy, with claims the Lewis’ proposed new build would overlook their kitchen, dining room and outdoor living area.
Attempts were made to accommodate these complaints by having location of the Lewis family’s new home moved two metres further north and rotated slightly further away.
Ms Burns and Mr Seymour sued to block the planned build.
The Lewis family, with their fixed price contract at risk of being cancelled, looked to get work underway.
The High Court was told Mr Seymour used a truck and a ute to block road access for a December 2025 concrete delivery to pour foundations at the Lewis’ building site. The concrete truck left.
They claim this ‘self-help’ remedy was necessary to preserve the status quo; stability of the site at their shared boundary might be at risk if the concrete had to be drilled out later.
In the High Court two months later, Justice McHerron ruled there were no grounds to call an immediate halt to the Lewis’ planned build.
They are free to resume construction.
If a later court hearing determines there has been a failure to properly comply with Island Bay’s design guide, damages is an adequate remedy, he ruled.
Justice McHerron pointed out that Island Bay’s design guide is a ‘guide,’ not a set of rules.
The court was told Island Bay had approved the Lewis family’s building design before work commenced.
Burns v. Lewis – High Court (13.02.26)
26.079