Appeal Court Decision Good News for Airports
A recent Chapman Tripp bulletin provides a commentary on the decision of the Appeal Court to endorse the earlier High Court interpretation of s 40 of the Public Works Act. The effect will be to reduce the risks of a forced offer-back procedure, enhancing the ability to plan and undertake long term capital works. The bulletin analyses the Court of Appeal decision, and covers:
- what is an airport?
- assessing the land as a whole or piecemeal
- can land be leased and still be ‘required’ for a public work?
- would it be unreasonable or unfair for any surplus land to be offered back?
The Court of Appeal confirmed that the land is still required for Auckland International Airport (including a range of ancilliary services) and that the fact that airport land has been leased for non-airport activities does not mean that it is not still required for airport activities in the longer term. The importance of the land for long-term expansion and development makes it unreasonable or unfair to offer it back to the former owner, even if it is no longer required for airport purposes.
View the Chapman Tripp bulletin at http://www.chapmantripp.com/Pages/Publication.aspx?ItemID=695&utm_source=SM%2BBC%20Appeal%20court%20decision%20good%20news&utm_medium=email&utm_campaign=Appeal%2Bcourt%20decision%20good%20news
It remains to be seen if the former owners will seek leave to appeal to the Supreme Court.
