31 May 2010
NGAHINA TRUST AND ORS V KAPITI COAST DISTRICT COUNCIL HC WN CIV-2008-485-1657
- Citation
- openlaw-3a097597_9433_4079_8be5_0cc479bf68da.pdf
- Court
- High Court
The 1981 land and the 1987 land (excluding the reserves contribution area) were held for public work purposes; the Council has, by its long‑standing dual civic and commercial planning approach and subsequent planning changes, decided that not all of the land is required for public works and therefore some part is surplus; the Court declares the Council must identify what parts are no longer required and proceed in accordance with s 40 (with s 40(2) issues and valuation to be determined later).