Auckland City Council v Taubmans (New Zealand) Ltd - [1993] 3 NZLR 361

Public works — Compulsory acquisition of land — Land no longer required for public work — Statutory obligation to offer back to person from whom land acquired — Council proposing to sell land to another party — Caveats lodged by some former owners — Whether exceptions to statutory obligation applied — Former owners entitled to caveat — Whether caveats should be removed — Public Works Act 1981, ss 40, 41 and 42 - Local Government Act 1974, s 594ZG.

Practice and procedure — Proceedings — Application for declaration — Land compulsorily acquired by council for public works — Statutory obligation to return land to former owners — Council seeking declaration — Statutory obligation did not apply — Application really an application for advisory opinion — Appropriateness of application for declaration.