Yolande Elisabeth Mark and others v The Attorney-General and others - SC 63/2011

Summary

Civil Appeal – Public Works Act 1981 – Whether Crown required to offer back land acquired in Kapiti for purposes of new motorway under Public Works Act – Whether Court of Appeal erred in its generalised approach to determining public work purpose for which subject land taken and held – Whether Court of Appeal erred in adopting a “merged” approach to s 40(1) of the Public Works Act – Whether Court of Appeal incorrect to suggest land required for essential work under s 40(1)(b).     [2011] NZCA 176    CA 722/2009

Result

Application for leave to appeal dismissed.
Costs $2,500 to the 1st and 2nd respondents (jointly) and the 3rd and 4th respondents (jointly).
23 August 2011.

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