New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Compulsory acquisition under public works act 1981

Legal area

Court

27 Mar 2019

RESTAURANT BRANDS LTD v FORSGREN NZ LTD [2019] NZHC 602

Citation

[2019] NZHC 602
Court

High Court

The defendants were entitled to limited particular discovery: RBL must disclose documents in its control recording or explaining the calculation of the components of the Crown compensation payment because the defendants pleaded that full compensation would render clause 3(f) of the Side Letter inapplicable, making the calculation materially relevant; broader discovery of all negotiations was refused as not proportionate or necessary.
10 Apr 2013

HUTT CITY COUNCIL V THE LOWER HUTT DISTRICT COURT HC WN CIV-2012-485-001662

Citation

openlaw-6228b252_3ec3_4c64_8408_bc5e976603f0.pdf
Court

High Court

The court held s 181(2) of the Local Government Act 2002 does not authorise the Council to suspend sewage pipes in the airspace above private land merely because anchors or supports are attached to the land; the phrase 'on or under private land' should not be read to include suspended works in airspace in this context, and the Public Works Act provides the statutory route to acquire airspace if required.