Pascoe v Minister for Land Information - [2025] NZHC 1783

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CIV-2021-443-48

[2025] NZHC 1783

UNDER the Judicial Review Procedure Act 2016

BETWEEN

TONY JAMES SOFUS PASCOE AND DEBBIE ANN PASCOE

Applicants

AND

MINISTER FOR LAND INFORMATION

Respondent

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

Appearances:

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

R L Roff, J M Prebble and E S Harris for Respondent

Judgment:

2 July 2025

JUDGMENT OF McQUEEN J

[Judicial Review — Minister]

PASCOE AND PASCOE v MINISTER FOR LAND INFORMATION [2025] NZHC 1783 [2 July 2025]

Table of Contents

Para Nos

Introduction [1]

Background [5]

The regime for compulsory acquisition under the Public Works Act                [5]
The Public Works Act process in relation to the Pascoes  [13]
Related proceedings  [36]

Decisions in relation to aspects of this application for judicial review [38]

The application for judicial review [42]

The Minister’s opposition [50]

Approach to this application for judicial review [53]
Third cause of action—the Minister’s refusal to ground mark the Project footprint [60]
Discussion [62]

Fourth cause of action—the Minister’s refusal to fund a valuation report quantifying damages [71]

Discussion [74]

Fifth, eighth and ninth causes of action—the Minister’s decision to sign

the s 23 Notice [90]
Discussion [93]

Result [129]

Costs [130]

Introduction

[1] Mr and Mrs Pascoe (the Pascoes) objected to the compulsory acquisition of part of their land by the Minister for Land Information (the Minister) for a roading project, known as Te Ara o Te Ata | Mt Messenger Bypass (the Project), to improve the highway connection between Taranaki and Waikato under the Public Works Act 1981 (PWA). The Environment Court inquired into the objection and determined that the taking of the Pascoes’ land was fair, sound and reasonably necessary for achieving the Minister’s objectives (the EC Objection Decision).1

1 Pascoe v Minister for Land Information [2024] NZEnvC 101 (Environment Court Objection Decision).

[2] Alongside bringing an appeal against the EC Objection Decision (the Objection Appeal), in this proceeding the Pascoes apply for judicial review of the Minister’s decision-making process, culminating in the issue of a notice under s 23 of the PWA for the purpose of taking part of their land for the Project.

[3] The Minister opposes the application for judicial review on the basis the Pascoes have failed to identify a reviewable decision and are attempting to relitigate factual matters already determined by the Environment Court.

[4] As the Pascoes have not identified any material factual error and there is no error in the public law sense in the Minister’s decision-making process, the application for judicial review must be dismissed.2

Background

The regime for compulsory acquisition under the Public Works Act

[5] I describe the regime for compulsory acquisition under the Public Works Act in the judgment in the Objection Appeal.3 I summarise it briefly here.

[6] The PWA compulsory acquisition scheme facilitates the acquisition of private…

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 1783
Decision Date: 2 July 2025

CaseChat Overview and Summary

Tony James Sofus Pascoe and Debbie Ann Pascoe (the Pascoes) challenged the compulsory acquisition of their land for the Mt Messenger Bypass Project. They applied for judicial review of the Minister for Land Information's (the Minister) decision-making process, culminating in the issue of a notice under s 23 of the Public Works Act 1981 for the purpose of taking part of their land for the Project. The Minister opposed the application, contending the Pascoes had failed to identify a reviewable decision and were attempting to relitigate factual matters already determined by the Environment Court. The court found that there was no material factual error and no error in the public law sense in the Minister's decision-making process. The application for judicial review was dismissed. The court invited the parties to agree on costs and proposed a common timetable for determining costs in this matter and the other related proceedings.

Orders