Former owners of land bought for the construction of Auckland International Airport are not giving up on their claim to have it returned to them and are heading to the Supreme Court to continue the fight.Trustees of the Craigie Trust formerly owned 36.63-
Former owners of land bought for the construction of Auckland International Airport are not giving up on their claim to have it returned to them and are heading to the Supreme Court to continue the fight.
Trustees of the Craigie Trust formerly owned 36.63-ha of land acquired by the Crown in 1975. They have argued the land was no longer needed for the purpose of an "aerodrome" and that it should be offered back to the trust.
However in March 2008 the High Court dismissed the claim on the basis that the land was still required for airport purposes. The High Court said it would be unfair and unreasonable to require it to be offered back.
Last December the Court of Appeal dismissed an appeal by the Craigie Trust and sided with the company's view that the claim was without merit and the original High Court decision was appropriate.
The trust, represented by Colin Carruthers QC, now intends seeking leave to appeal to the Supreme Court, an action that the airport company says it will strongly defend.
The case centres on whether section 40 of the Public Works Act applied to the land and if it did, was the company exempted from offering back the land.
The total value of land owned by the airport was estimated at $1.61 billion in March 2008. Because it was acquired through the Crown, the cost to the airport was only $1.5 million.
