Taranaki farmers Tony and Debbie Pascoe have become unwilling symbols of a growing national controversy surrounding the New Zealand Transport Agency’s (NZTA) Mt Messenger bypass project.
For nearly a decade, the Pascoes have fought to protect their family land — held for over 75 years — from forced acquisition by the Crown under the Public Works Act.
Their plight underscores what legal experts and watchdogs now describe as a misuse of draconian state powers, a lack of transparency, and an escalating public works project that has spiralled from a promised $89 million upgrade into a $365 million debacle with limited public benefit.
Despite NZTA having alternative routes available — including the cost-effective Option Z alignment along existing infrastructure — the agency selected the controversial Option E in 2017. This route requires carving through untouched native forest and sacred land, while causing irreparable disruption to nearby communities.
In doing so, NZTA gave an “assurance” to a powerful trust, Te Rūnanga o Ngāti Tama (TRoNT), that their land would not be taken by force — a legal protection never afforded to the Pascoes. Instead, the couple were told their land would be seized, and were offered a fraction of the compensation paid to others — $176,000 compared to over $8.9 million paid to TRoNT for similar land.
Legal experts say this disparity breaches the foundational principle of “even-handedness” enshrined in New Zealand’s constitutional law and confirmed in case law such as Deane v Attorney-General. Furthermore, the Pascoes were not offered relocation or equivalent reinstatement, despite the Environment Court acknowledging the home would be uninhabitable for 4–6 years due to the construction.
Repeated requests for geotechnical investigations and relocation planning were ignored, leaving the Pascoes to commission GNS Science at their own expense — only for NZTA to leave them out of pocket without a response.
Court rulings have so far largely sided with the government, but questions remain. The Court of Appeal recently declined to recall a decision despite acknowledging that the matter is of significant public interest and involves the core question of whether NZTA qualifies as “the Crown” under the Public Works Act.
The Pascoes are now seeking leave to appeal to the Supreme Court. Meanwhile, they are also contesting a $179,936 costs order imposed by retired Judge Brian Dwyer — whose retirement function was hosted by NZTA’s lawyers — further fuelling accusations of bias and systemic failure.
Beyond the Pascoes’ personal ordeal, the Mt Messenger bypass itself is now widely seen as a case study in failed infrastructure planning. With less than 20% of earthworks completed and costs ballooning by hundreds of millions, NZTA has admitted it has not recalculated the project’s benefit-cost ratio (BCR) since 2021. Treasury and the Ministry of Transport have both warned that NZTA and other agencies are approving major spending without completed business cases. Calls are growing for Transport Minister Chris Bishop to intervene, freeze further spending, and compel full public disclosure of the agency’s decision-making process.
As the courts weigh final decisions in coming months, the Pascoes’ battle has taken on a broader significance: exposing deep flaws in New Zealand’s public works framework, legal inconsistencies, and a governance culture that critics say prioritises political expediency and corporate partnerships over fairness, accountability, and human dignity.
Further reading
- James Burns Substack – Government abuse of the draconian power to take land by force: Are you next?”
- Greenpeace Community – No Mt. Messenger Bypass – Save Mangapepeke Valley
You would have to be pre-primary school level to miss that option Z is ten times or twenty times or even one hundred times cheaper and less destructive to precious native forest than the huge diversion from the existing road that option E offers.
NZTA – pull your socks up (if ngati Tama say you’re allowed that is,)
This money is desperately needed in Auckland where the traffic is insanity in two lanes where there should be four.
-ATTENTION-
All lawyers who represent private party clients who own land should investigate the use of ALLODIAL TITLES AND DEEDS to those properties that their clients own, and seek out the possibility of changing the land, deed & title over to ‘Allodial Title, Deed, Trusts & Real / Mixed Property
Here’s a couple of video that explains this;
https://www.youtube.com/watch?v=VHMile-6hcg
https://www.youtube.com/watch?v=UwhyqEyXjzk
https://www.youtube.com/watch?v=KmXiEgZf5AA&t=11s
Are most Barristers, Solicitors, Attorneys & Lawyers familiar with this in NZ?
Are there loopholes that can be pursued to enact and place property, vehicles, etc. under Allodial Titles & Deeds?
Are such even allowed in NZ?
The Royal Family has all of their property under Allodial Titles-
I’ve had limited dealings with NZTA. We had issues with people parking right next to our driveway, obstructing our vision when exiting the property by car, in an area that is accident prone. All we wanted was a few maker lines added to keep people away, its standard in most places. They refused and were far from friendly to deal with. Even when we explained there had been accidents near our house, they were not listening.
This is yet again the problem with government and agencies that are unaccountable. That needs to change.
The flaw is apartheid or what the corporate state refers to as co-governance/partnership because they don’t want to use the correct word and scare the horses.
This corporate apartheid agenda is out of control and it is up to we the people to rise up and smack it down and clean house before we are known as Aotearoa Apartheid Inc.
Have to admit, plan Z looks much better. Must’ve chosen E to increase government revenue.
What do expect from academia without a brain? They must have received their degree from university who destroy knowledge
PW Act has always been corrupt just ask th iwis whose lands were confiscated for swt FA, I mean greed…
Check out this case:
https://www.nzherald.co.nz/nz/family-fight-for-right-to-buy-back-14b-airport-land/SFO7AFY5ZXD43RMBJEWUQAKHBA/
Our government, councils etc rarely do the ‘right thing’ in these cases/ if they decide they want your land you are munted.
If you are Maori you might get compensated, if you are white, forget it.