Auckland International Airport Ltd has welcomed a decision by the Supreme Court to dismiss a Craigie Trust application for leave to appeal an earlier ruling by the Court of Appeal.The dispute is over 36 hectares of land acquired under the Public Works Act
Auckland International Airport Ltd has welcomed a decision by the Supreme Court to dismiss a Craigie Trust application for leave to appeal an earlier ruling by the Court of Appeal.
The dispute is over 36 hectares of land acquired under the Public Works Act from the Craigie Trust.
In the case, the courts interpret section 40 of the Public Works Act, which covers an obligation to offer land back to the former owner if it is no longer required for public work purposes.
The trust, connected with the Lambie family, argued the land was acquired for development of an airport in the 1970s but was used for commercial developments.
The Supreme Court said that the fact that the land is currently either unused or is used for ancillary commercial purposes of the airport does not affect the fact that it is held for airport purposes.
Auckland Airport said the claim 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. The Court of Appeal decision was in December 2009.
