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…
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- Case
- [2025] NZHC 1783
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