23 Dec 2009
MICHAEL SHANE MCELROY & OTHERS V AUCKLAND INTERNATIONAL AIRPORT LIMITED CA CA440/2008
- Citation
- openlaw-54abcb84_e600_469a_9d65_21c6d0486abe.pdf
- Court
- Court of Appeal
The Court held the Craigie Trust land is held for a public work (Auckland International Airport); AIAL became subject to the s40 regime on vesting (1 April 1988) but no s40 obligations had been triggered and, in any event, offering back would have been unreasonable and unfair and the character of the land had significantly changed, so the appellants' claim to have the land returned failed.