22 Oct 2008
WAITAKERE CITY COUNCIL AND ANOR V BENNETT AND ORS CA CA01/2008
- Citation
- openlaw-dc6b4dca_2d45_472c_ba1d_449e39632903.pdf
- Court
- Court of Appeal
The Court held that s40 of the Public Works Act 1981 applies to land acquired under the 1928 Act provided the factual prerequisites are satisfied as at 1 February 1982: the land must be both held for any public work at that date and at that date no longer required for that public work (or essential work or exchange). This construction does not improperly operate retrospectively and, because the statement of claim pleads that those prerequisites were satisfied on the commencement date, the strike‑out application failed and the appeal was dismissed.
- Public works act 1981 s40 (offer‑back)
- Retrospectivity of statute
- Land acquisition and disposal
- Harbours act interaction
- Land‑banking