Synlait Milk will commission its new Pokeno plant before the end of the month, despite a legal battle

A neighbouring landowner is fighting the removal of a covenant restricting the site to grazing, lifestyle farming and forestry.

He won his bid in the Court of Appeal - and Synlait is now going to the Supreme Court.

Chief executive Leon Clement says the company is technically in breach of its covenant, but pressing ahead on the plant doesn't change that.

He says to stop Synlait from commissioning, the neighbour would have to file a successful injunction to suspend operations - and that would have to be successful.