Kerr-Taylor v Attorney-General - [2004] 3 NZLR 104

Public works — Compulsory acquisition of land — Meaning of “no longer required” — Whether Crown research institute could avoid sell-back requirement — Point at which The Horticulture and Food Research Institute of New Zealand Ltd objectively decided land no longer required for its purposes — Whether decision made at a point when land in fact no longer required or when The Horticulture and Food Research Institute of New Zealand Ltd considered land no longer required at some future time — Whether The Horticulture and Food Research Institute of New Zealand Ltd entitled to delay handover to selling agent until subdivision and rezoning of land complete — At what point, and by whom, decision required that land not required for public work or exchange — Crown Research Institutes Act 1992, s 30.

Valuation of land — Compulsory acquisition of land for public works — Meaning of “no longer required” — Whether a Crown research institute could avoid sell-back requirement — Point at which The Horticulture and Food Research Institute of New Zealand Ltd objectively decided land no longer required for its purposes — Whether decision made at a point when land in fact no longer required or when The Horticulture and Food Research Institute of New Zealand Ltd considered land no longer required at some future time — Whether The Horticulture and Food Research Institute of New Zealand Ltd entitled to delay handover to selling agent until subdivision and rezoning of land complete — At what point, and by whom, decision required that land not required for public work or exchange — Crown Research Institutes Act 1992, s 30.