High Court Wellington
23, 24 September; 16 December 1996
Hammond J
23, 24 September; 16 December 1996
Hammond J
Public works — Compulsory acquisition of land — Original owner's right to repurchase — Crown offering to sell land back to original owner following compulsory acquisition — Original owner agreeing to purchase — Price not agreed — Crown seeking to withdraw offer — Whether offer binding — Meaning of "may agree" in Public Works Act 1981, s 40(2A) — Public Works Act 1981, s 40.
Equity — Estoppel — Crown offering to sell land back to original owner following compulsory acquisition — Crown appointing state-owned enterprise as agent to conduct transaction — Whether Crown has authority to delegate powers — Whether Crown estopped from asserting lack of authority — State-Owned Enterprises Act 1986, s 23(1)(b).
Maori and Maori land — Treaty of Waitangi — Crown proposing to sell land back to original owner after compulsory acquisition — Before transaction finalised Court of Appeal ordering that state assets should not be disposed of without adequate protection for legitimate rights of affected Maori — Whether Court decision affected transaction.
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