Dilworth Trust Board v Attorney-General - [2021] 3 NZLR 857

Public works — Offer back to previous owner — Duty to act timeously — Assessment within reasonable time of land not being required for purpose held — High Court ought not to have allowed further time to consider — Court should determine all issues on the material before it — Objective test — Not permitted to argue on appeal land required for another public work when not in issue in High Court — Public Works Act 1981 s 40.

Declaration — Relief discretionary — Declaration unless there are special considerations to the contrary or extremely strong reasons for refusal.