Guide Hill Station Ltd v Attorney-General

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

31/07/2019

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Land valuation

REVIEW TYPE

Merits review

SUMMARY

(Lexis Catchwords & Digest)

Real property — Compulsory acquisition — Public use — Offer to return

Application for orders. Crown acquired part of applicant's land under (NZ) Public Works Act 1928 for generation of electricity. Applicant entered into agreement to sell portion of acquired land to third party and sought declaration that said portion should have been offered back under provision of Act.

Finding that subject land was part of established hydro scheme and that function meant that said land was held and required for public work. Finding that there were strong public interests in subject land's retention in Crown ownership. Finding that there was no need for subject land to be offered back under Act because said land was still being used as public work. Application dismissed.

CASE DOCUMENTS

Guide Hill Station Ltd v Attorney-General [2019] NZHC 3216