Michael Shane McElroy and others as trustees of the Craigie Trust v Auckland International Airport Limited - SC 11/2010

Civil Appeal – Public Works Act 1981 – Respondent not subject to the obligation in s 40 of the Act to offer back to the applicant land no longer required for the public work for which it was held – whether the Court of Appeal erred in its interpretation of the word “required” in s 40 – whether the Court of Appeal misinterpreted the term “ aerodrome” or “airport” as defined by the Act and the Airport Authorities Act 1966 – whether the Court’s interpretation of “ aerodrome” or “airport” undermines the purposes of the Act – whether the Court of Appeal erred in concluding that the qualifications in s 40(2) of the Act would nonetheless apply to exclude the respondent from the requirement to offer back the land[2009] NZCA 621  CA 440/2008   23 December 2009