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.
Costs $2,500 to the 1st and 2nd respondents (jointly) and the 3rd and 4th respondents (jointly).
23 August 2011.
Related Documents
Leave judgment - leave dismissed — sc 63 2011 yolande elisabeth mark and ors v attorney general ors leave judgment (PDF 39 KB)