20 Mar 2007
NEW PLYMOUTH DISTRICT COUNCIL V WAITARA LEASEHOLDERS ASSOCIATION INCORPORATE CA CA259/05
- Citation
- openlaw-657f2af6_863c_4241_92b4_dd477701de90.pdf
- Court
- Court of Appeal
The Court held that the harbour improvement land is held under a statutory trust created by the Waitara Harbour Act 1940 and the Council's obligations derive from that statute but that the land was not necessarily subject to the full obligations of an equitable charitable trust; the town improvement land was treated as held for town improvement purposes (provisionally as a charitable trust for purposes of the appeal); the Council did not breach its statutory or trustee obligations by resolving to offer the land to the Crown conditional on legislative removal of restrictions and fair market va…