The Supreme Court has granted Tony and Debbie Pascoe leave to appeal in their long-running legal battle against the government over the compulsory acquisition of their land for the Mt Messenger Bypass.
The decision marks a significant development in the case, which challenges the government’s adherence to legal obligations under the Public Works Act 1981.
The Pascoes argued that the Minister for Land Information failed to meet the statutory duty to negotiate in good faith before seeking to take their land, as required by section 18(1)(d) of the Act.
When the Bill was introduced into Parliament in 1980, then Minister of Works W. L. Young said “every effort must be made to negotiate in good faith with the owner in an attempt to reach an agreement acceptable to him.”
The resulting section 18(1)(d) reads, “… Where any land is required for any public work the Minister … shall, before proceeding to take the land under this Act— … (d) make every endeavour to negotiate in good faith with the owner in an attempt to reach an agreement for the acquisition of the land.”
The Pascoes contend that this process was not properly followed before steps were taken to forcibly acquire their home and farm.
A support person for the Pascoe family welcomed the Supreme Court’s decision and told DTNZ: “The Supreme Court’s decision to grant leave is hugely important in order to uphold the provisions in the Public Works Act which are plainly there for the protection of all landowners and which impose the highest level of duty on Minister Chris Penk. Being deprived of somewhere tenable to live and the ability to continue to make a living is barbaric and an abomination under the PWA.”
Court documents submitted by the Pascoe’s emphasised the irreversible impact on their livelihood and residence, raising wider questions about how the Public Works Act is applied and enforced in New Zealand.
With the case now heading for full consideration by the Supreme Court, its outcome may have far-reaching implications for landowners facing compulsory acquisition by the Crown.
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
The highway shouldn’t be near their property in the first place.
Construction should take the easier route.
Agreed!
Good luck Kiwi battlers. Justice will now “be seen” to be done. We the people will be watching.
Damm right we will be watching this case.
The right to appeal something that, by the sounds of things, need not happened to start with. Given there were evidently simpler and better options, on offer. I can only imagine the stress and expense, these poor people are going through.
I’ll keep saying it. If you want a fairer, juster society, stop voting for globalists. Only then will the system stand a chance of being reformed.
Need to be SEEN by the Dulled masses to uphold our Common Law. The Matrix.
Hold the line Pascoes, we’re behind you all the way!