14 Apr 2014
J A ROBERTSON & ORS v AUCKLAND COUNCIL [2014] NZHC 765
- Citation
- [2014] NZHC 765
- Court
- High Court
The Auckland Harbour Board and Waitemata City Council (Te Atatu) Empowering Act 1983, which came into force on 2 December 1983, removed the AHB's statutory obligation under the Public Works Act 1981 s40 to offer the Te Atatu lands back to successors of the original vendors from that date; accordingly plaintiffs' s40 claims fail. The Court also held that the original acquisitions were for a public work and that acquisitions by agreement after formal notice had an element of compulsion, but those findings were immaterial because the Empowering Act superseded the s40 obligation from its commence…