10 Apr 2013
HUTT CITY COUNCIL V THE LOWER HUTT DISTRICT COURT HC WN CIV-2012-485-001662
- Citation
- openlaw-6228b252_3ec3_4c64_8408_bc5e976603f0.pdf
- Court
- High Court
The court held s 181(2) of the Local Government Act 2002 does not authorise the Council to suspend sewage pipes in the airspace above private land merely because anchors or supports are attached to the land; the phrase 'on or under private land' should not be read to include suspended works in airspace in this context, and the Public Works Act provides the statutory route to acquire airspace if required.