19 Oct 2006
BENNETT & ORS V WAITAKERE CITY COUNCIL & ANOR HC AK CIV 2005-404-7348
- Citation
- openlaw-cb06d6d6_c6ef_49a3_8c47_1633d5909109.pdf
- Court
- High Court
The application to strike out was refused because s 40(1) can apply to land acquired before the Act and being 'held for a public work' is not inconsistent with the land being 'no longer required' for that public work at commencement; the presumption against retrospectivity did not displace the clear textual and purposive effect of s 40; issues of unfairness or impracticability are matters for s 40(2) and for fuller factual inquiry, so the claim is not so clearly untenable as to warrant striking out.