21 Dec 2012
HALL v ATTORNEY-GENERAL HC AK CIV-2006-404-003321
- Citation
- openlaw-0771f1c1_0649_472d_b824_09bac759f9fd.pdf
- Court
- High Court
Transit lacked statutory authority to acquire land or validly waive the plaintiff's s 40 rights; the LINZ agreement did not incorporate a lawful waiver and the Transit waiver was ultra vires (and in any event the Crown's later conduct estopped reliance on it); Hall West (excluding RAP 21) became surplus and available for offer-back by 22 April 2003; the Chief Executive's 2009 exemption decision was infected by material errors of fact and law and irrelevant considerations and is invalid; plaintiff retains s 40(2) offer-back rights and is entitled to have Hall West offered at value as at 22 Apr…