Rowan v Attorney-General - [1997] 2 NZLR 559

Public works — Compulsory acquisition of land — Landlocked land — Land jointly owned at time of acquisition — Land later not required for public work — One joint owner deceased by time of that decision — Land no longer in ownership of surviving joint owner — Whether land should be offered back to original joint owner or to successor in title — Public Works Act 1981, s 40.

Tort — Breach of statutory duty — Failure of Crown to offer back land to person from whom it was originally acquired — Whether such failure gives rise to private cause of action.

Tort — Negligence — Failure of Crown to offer back land to person from whom it was originally acquired — Whether Crown owed duty of care to original owner — Departmental officers acting without taking proper legal advice — Whether resultant loss to original owner foreseeable — Quantum of damages to be awarded to original owner.

Damages — Assessment — Failure of Crown to offer back land to person from whom it was originally acquired — Land sold by Crown to third party and later on-sold at substantial premium together with other land — Assessment of loss to original owner — Proper date for assessment of loss — Whether original owner might have accepted a lower premium — Factors to be taken into account in assessment.