6 May 2011
YOLANDE ELISABETH MARK & ORS V THE ATTORNEY-GENERAL OF NEW ZEALAND COA CA722/2009
- Citation
- COA CA722/2009
- Court
- Court of Appeal
Applying a merged approach to s 40 the Court held that the acquired land remained required for a public work (a limited access major arterial/motorway or functional equivalent) as at December 1985; s 40(1) was not satisfied and no offer‑back obligation arose, so the appeal is dismissed.