Pascoe v Minister for Land Information - [2025] NZHC 1785

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2024-485-48

[2025] NZHC 1785

UNDER the Public Works Act 1981 and the Resource Management Act 1991

BETWEEN

TONY JAMES SOFUS PASCOE AND DEBBIE ANN PASCOE

Appellants

AND

MINISTER FOR LAND INFORMATION

Respondent

Hearing: 15-17 July 2024 (further memoranda received after the hearing, most recently dated 18 December 2024)

Appearances:

Appellants in person (assisted by M Gibbs with R Gibbs in attendance)

K F Gaskell and E S Harris for Respondent

Judgment:

2 July 2025

JUDGMENT OF McQUEEN J

[Stay Appeal]

[1] This is an appeal by Mr and Mrs Pascoe (the Pascoes) against a determination of the Environment Court dismissing their application for a stay of an objection proceeding under the Public Works Act 1981 (PWA).1

[2]The appeal is moot and is dismissed.2

1 Pascoe v Minister for Land Information NZEnvC Wellington ENV-2021-AKL-116, 19 January 2024 (EC Stay Determination).
2 I have also issued judgments in related proceedings Pascoe v Minister for Land Information [2025] NZHC 1782 (Objection Appeal); Pascoe v Minister for Land Information [2025] NZHC 1783 (Original JR Application); and Pascoe v Environment Court [2025] NZHC 1784 (New JR Application). This judgment should be read in conjunction with the judgments in the Objection Appeal, the Original JR Application and the New JR Application.

PASCOE AND PASCOE v MINISTER FOR LAND INFORMATION [2025] NZHC 1785 [2 July 2025]

Background to the appeal

[3] This appeal arises in the context of the objection by the Pascoes to the decision by the Minister for Land Information (the Minister) to issue a notice of intention to take land under s 23 of the PWA. Such a notice of intention to take land was served on the Pascoes on 4 August 2021 (the s 23 Notice). On 31 August 2021, the Pascoes filed in the Environment Court a notice of objection challenging the s 23 Notice, as contemplated under s 23(3) of the PWA, thereby commencing an enquiry into the objection (the Objection Proceeding).

[4] On 8 September 2021, the Pascoes also filed in this Court an application for judicial review of the Minister’s decision to issue the s 23 Notice (the Original JR Application).3

[5] The Objection Proceeding was heard by the Environment Court at a fixture commencing on 29 November 2023. Following that hearing, but prior to the filing of closing submissions (which were to be filed by 1 February 2024), the Pascoes filed:

(a)in this Court, on 16 January 2024, an application for judicial review challenging various procedural matters and statements made by the Environment Court during the Objection Proceeding (the New JR Application)4 together with an application for an interim order under s 15 of the Judicial Review Procedure Act 2016 staying the Objection Proceeding (including not requiring the filing of closing submissions or the issue of any decision by the Environment Court) until the resolution of the New JR Application; and

(b)in the Environment Court, on 18 January 2024, an…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NZHC 1785
Decision Date: 2 July 2025

CaseChat Overview and Summary

The appeal, brought by Mr and Mrs Pascoe against the Environment Court's dismissal of their application for a stay of an objection proceeding under the Public Works Act 1981, was dismissed by McQueen J as moot. The Environment Court had already issued its substantive decision in the objection proceeding, finding that the acquisition of the Pascoes' land was fair, sound, and reasonably necessary. The Pascoes' appeal from this decision, along with their application for judicial review of the Minister for Land Information's decision to issue a notice of intention to take land, were also dismissed. The court found that the Environment Court's refusal to stay the objection proceeding was not an appealable decision under the Resource Management Act 1991 and that the appeal was moot due to the substantive decision already issued. The court declined to address the grounds of appeal in detail, as the appeal was moot. The court encouraged the parties to agree on costs and suggested determining costs within a common timeframe for the related proceedings.

Orders