23 Aug 2011
MARK v THE ATTORNEY-GENERAL OF NEW ZEALAND SC 63/2011
- Citation
- SC 63/2011
- Court
- Supreme Court
The appeal was dismissed because, on the facts, the land was required for an essential work under s 40(1)(a) or (1)(b) of the Public Works Act 1981 despite funding uncertainty; the factual issue was properly resolved against the applicants and the stepped approach was inappropriate, so there was no merit to a leave application.