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I have a situation where I am being threatened with denial…

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I have a situation...

I have a situation where I am being threatened with denial of access across a wharf unless I pay to become a shareholder in the wharf. Denial of access is via a locked door and verbal and written threat. This wharf has not been privatised and the right to deny access has not been stipulated in the consent. I’m not trying to get anything for free and originally approached the wharf company (share ownership is via a registered private company) to find a way to make a financial contribution towards ongoing maintenance and replacement of the wharf. Instead I am being forced to pay quite a large sum into the pocket of an exiting shareholder which will not support the ongoing sustainability of the wharf. It feels like bullying but if they do indeed have the legal right to lock me out then i can see it would be justified. I would like to know the legalality and significance of the locked gate.

Lawyer's Assistant: Can you tell me what state this is in? And how long has this been going on?

I’m not sure what you mean? State of wharf is quite good. I have been using the whardpf to catch a ferry for about a year.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am making enquiries to local council planning department to find out the councils position

Submitted: 5 months ago.Category: New Zealand Law
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Answered in 1 hour by:
2/6/2018
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,774
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Solicitor: Chris The Lawyer, Lawyer replied 5 months ago

Is this wharf on public land? Normally structures on the foreshore are there because of a lease or licence from the local authority which controls the land. You refer to having a consent, was this a local authority planning consent in relation to land which gives you the right to access. If the wharf is operated by a company, then I assume the company has some form of lease or licence from the Council. Do you know what the relationship is? Is it only shareholders who have access under the Council contractual arrangements with the company?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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