Ann Mary Seaton v Minister for Land Information - SC 44/2012

Summary

Civil – s 23 Public Works Act 1981– compulsory acquisition – whether s 23 empowers the Minister to acquire land indirectly required for a Government work – whether the Minister’s intention to transfer the easement interests to Transpower and Orion following acquisition meant that he had not acted for a proper purpose as required by s 23.[2012]NZCA 234 CA 360/2011

Result

The application for leave to appeal is granted.

The approved ground is whether the Court of Appeal was correct in its interpretation and application of the relevant provisions of the Public Works Act 1981 in the circumstances of this case?

25 July 2012

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A The appeal is allowed.
B The judgment of the Court of Appeal is set aside.
C The orders made in the High Court are restored.
D The respondent is to pay the appellant, with respect to costs in this Court, the sum of $25,000 together with disbursements to be fixed, if necessary, by the Registrar.
E If the parties cannot agree on costs in the Court of Appeal, the Court of Appeal must fix them.

29 April 2013

Additional Information

Transcript

Hearing date : 13 November 2012

Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.