YOLANDE ELISABETH MARK AND IAN FREDERICK RANKINE AND ORS V THE ATTORNEY-GENERAL AND ORS HC WN CIV 2002-485-799

YOLANDE ELISABETH MARK AND IAN FREDERICK RANKINE AND ORS V THE ATTORNEY-GENERAL AND ORS HC WN CIV 2002-485-799

Although the subject lands were originally acquired for a Wellington–Foxton motorway, by December 1985 the Crown no longer intended to build a motorway on that corridor; nevertheless the lands continued to be legitimately held and required for another public work (a bypass/local arterial/Western Link Road) such that s40(1)(b) operated and no statutory obligation to offer the lands back arose; plaintiffs retained standing and limitation did not bar declaratory relief but substantive declarations were refused.

Citation
openlaw-1fab4e69_1f74_4340_9512_0dedf80a5cb8.pdf
Parties
First Plaintiff: Yolande Elisabeth Mark; First Plaintiff: Ian Frederick Rankine; Second Plaintiffs: Ellen Annand Clunie & Ors; Third Plaintiffs: Margaret Rose Johnson & Ors; Fourth Plaintiffs: John Bryan Cudby & Ors; Fifth Plaintiffs: Bruce Lockwood Fenwick & Ors; First Defendant: The Attorney-General; Second Defendant: Chief Executive, Land Information New Zealand; Third Defendant: New Zealand Transport Agency; Fourth Defendant: Kapiti Coast District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 October 2009
Procedural Posture
Civil Declaratory (public Works Act S40) / Judgment Following Trial/hearing
Outcome
Plaintiffs' declaratory relief declined; substantive declarations that Crown must offer back lands under s40 PWA refused; judgment for defendants on merits
Legal Topics
Section 40 Public Works Act Offer Back, Designation and Middle Line Proclamations, Successor Rights and Survivorship, Standing and Assignment of Statutory Rights, Limitation and Declaratory Relief, Designation Process Under RMA, Surplus Land Disposal
Public Works Law Property Law Administrative Law Resource Management Law Local Government Law Section 40 Public Works Act Offer Back Designation and Middle Line Proclamations Successor Rights and Survivorship +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Party arguments 2
Sign in to unlock

Parties

Yolande Elisabeth Mark

First Plaintiff

Ian Frederick Rankine

First Plaintiff

Ellen Annand Clunie & Ors

Second Plaintiffs

Margaret Rose Johnson & Ors

Third Plaintiffs

John Bryan Cudby & Ors

Fourth Plaintiffs

Bruce Lockwood Fenwick & Ors

Fifth Plaintiffs

The Attorney-General

First Defendant

Chief Executive, Land Information New Zealand

Second Defendant

New Zealand Transport Agency

Third Defendant

Kapiti Coast District Council

Fourth Defendant

Procedural Posture

Civil Declaratory (public Works Act S40) / Judgment Following Trial/hearing

Legal Issues

  1. 1 Whether land taken for Wellington-Foxton motorway had to be offered back under s40 PWA
  2. 2 Whether plaintiffs had standing or had unlawfully assigned s40 rights
  3. 3 When, if at all, the Crown ceased to require land for the motorway and timing of offer-back

Ratio Decidendi

Although the subject lands were originally acquired for a Wellington–Foxton motorway, by December 1985 the Crown no longer intended to build a motorway on that corridor; nevertheless the lands continued to be legitimately held and required for another public work (a bypass/local arterial/Western Link Road) such that s40(1)(b) operated and no statutory obligation to offer the lands back arose; plaintiffs retained standing and limitation did not bar declaratory relief but substantive declarations were refused.

Court Disposition

Plaintiffs' declaratory relief declined; substantive declarations that Crown must offer back lands under s40 PWA refused; judgment for defendants on merits

Orders

  • Decline to grant the declarations sought by the plaintiffs that the defendants were required to offer back the subject lands under s40 Public Works Act 1981
  • Proceedings dismissed on substantive grounds to the extent they sought offers back for the subject lands