8 Mar 2021
DILWORTH TRUST BOARD v ATTORNEY-GENERAL [2021] NZCA 48
- Citation
- [2021] NZCA 48
- Court
- Court of Appeal
The Court held that the Crown must bear the consequences of the landholding agency's erroneous retention; the Chief Executive was not entitled to further time to consider ss 40(1)(b),(c) or to revive the s 40(2)(a) discretion after unreasonable delay; the Crown failed to discharge its evidential onus to establish any other public work or applicable s 40(2) exemption (and its late bus layover argument was raised too late and unsupported), therefore the Court substituted orders requiring offer back under s 40(2) subject to s 40(2A) and agreed encumbrances, and fixed the valuation date