14 May 2006
BENNETT V WAITAKERE CC HC AK CIV 2005-404-7348
- Citation
- openlaw-3f37d40b_2cc6_4f78_a4eb_5ad93890f18e.pdf
- Court
- High Court
The Court upheld the Associate Judge: s40 of the Public Works Act 1981 applies to land acquired for public works and which was 'no longer required' at or after the Act's commencement; the terms 'held' and 'no longer required' can coexist so s40 created a continuing obligation from commencement; neither the Harbours Act 1950 nor the 1983 Empowering Act impliedly repealed or displaced s40 as applied to the pleaded facts; accordingly the plaintiffs' claim was not plainly untenable and the striking-out application and review were dismissed.