New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Offer-back rights under public works act s40

Legal area

Court

15 Apr 2009

HALL V THE ATTORNEY-GENERAL HC AK CIV-2008-404-7172

Citation

openlaw-7f8d6076_b21b_4f04_9348_1282fe850d96.pdf
Court

High Court

The statutory offer-back right under s40 PWA vests when the s40(1) conditions are satisfied and is sufficiently certain to support a caveat; where land (or part) remains surplus and the chief executive has not validly exercised the s40(2) discretion to extinguish the right, the caveat must be sustained for that land. Conversely, where another public authority (DoC) requires the land under s40(1)(b) the caveat lapses as to that land.
20 Jun 2008

NUKU V ORIGIN ENERGY RESOURCES (KUPE) LTD HC AK CIV 2008-404-003607

Citation

openlaw-bf44cea9_31c1_4aea_bd7b_465002635063.pdf
Court

High Court

The plaintiffs have not established a serious question to be tried: the land was proclaimed and vested as a public road under the Native Land Act process rather than compulsorily acquired under the Public Works Act; there is no arguable pleaded trust; the proposed easement does not, on the facts, trigger offer-back under s40 because the road remains and the pipeline supports the road; extensive consultation and mitigation measures were taken; balance of convenience and national interest favour the defendant. Consequently the interim injunction is dismissed.