New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Successor standing
  • 9 Oct 2015

    WILLIAMS v AUCKLAND COUNCIL [2015] NZCA 479

    Citation
    [2015] NZCA 479
    Court
    Court of Appeal

    The Harbour Board acquired the Te Atatu land for a public work (harbour and ancillary services) and s40 of the PWA 1981 applied; the gazette notice and statutory scheme supplied the requisite element of compulsion even for negotiated acquisitions; the Empowering Act 1983 did not extinguish the Board's s40 duty; several claimants lacked successor standing under s40(5); although some owners proved a breach of s40, declaratory relief was refused after balancing equities because prolonged delay, extensive change in land use and legal status, and the litigation funding arrangement producing a fina…