Supreme Court Dismisses Leave to Appeal on Airport Land

Earlier this year we noted the Court of Appeal’s decision in favour of Auckland Airport in relation to airport land held under the Public Works Act.  The Supreme Court has now dismissed a Craigie Trust application for leave to appeal the earlier ruling by the Court of Appeal.

The Court of Appeal’s decision in December 2009 had upheld an earlier High Court ruling in favour of Auckland Airport.

Auckland Airport says the decision will allow it to continue developing a modern and dynamic airport business district that will generate economic growth for Auckland and New Zealand.  

The claim for land made by the Craigie Trust under the Public Works Act was originally heard before the High Court in March 2008. Following the dismissal of the claim by the High Court in June 2008, an appeal was heard by the Court of Appeal in September 2009. In its decision released in December 2009, the Court of Appeal dismissed the claim as the land is still required for a public work. Further, the Court of Appeal ruled that even if not required for a public work it would be unfair, unreasonable and impracticable to require the land to be offered back.