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Auckland Gas Co Ltd v Auckland City Council - [1990] 2 NZLR 420

$30.00

Court of Appeal Wellington
9 April; 25 May 1990
Somers, Bisson and Hardie Boys JJ
Public works — Structures in streets — Cost of removal by utility authority — Conflict between statutes — Local authority required gas company to alter position of gas main in street — Gas company installed new gas pipes and sealed off old pipes — Gas Act required local authority to meet whole cost of altering position of gas pipes, while Public Works Act required it to meet half the cost of removing a structure which had been erected by a utility authority — Whether installation of new pipes in altered position was covered by Gas Act or whether it came instead under general provision in Public Works Act — Whether local authority was obliged to meet half or the whole of the cost of the work — Gas Act 1982, s 48 — Public Works Act 1981, s 132. — Appeal from [1989] 3 NZLR 95

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