NZTA has welcomed the decisions - the latest of 20 court rulings involving the Pascoes’ land - saying it marks a significant milestone for the project.
One of this week’s appeal findings related to a 2024 Environment Court decision that supported the compulsory acquisition and involved the selection of the bypass route.
Three other decisions related to the process for acquiring the couple’s land.
The Pascoes, who have already been granted leave to appeal compulsory acquisition issues to the Supreme Court, said they were still considering the High Court decisions.
“While we have not yet had an opportunity to fully review yesterday’s decisions, we have already identified a number of fundamental errors,” the couple said on Wednesday.
“It appears that Justice McQueen has failed to exercise reasonable skill, care and diligence in the performance of her duties to us and to the people of this country.”
The couple said the Supreme Court had determined in several high-profile instances that there had been miscarriages of justice, and cases were not properly determined by the lower courts.
“We believe that yesterday’s decisions are in this category, and it is likely that we will appeal.
“Being deprived of somewhere tenable to live and the ability to make a living is barbaric and an abomination under the Public Works Act.”
The Supreme Court appeal is scheduled to be heard on October 14.
NZTA regional manager of infrastructure delivery Rob Partridge said the rulings marked a significant milestone after years of legal challenges.
“While it is always our preference to acquire land through agreement, this has not been possible, despite extensive efforts including numerous offers made to the landowners.”
Since 2017, there had been many attempts to acquire the land by agreement with the Pascoes, he said. The landowners had been presented with 20 offers, including options for new housing elsewhere on their 683-hectare landholdings.
“The delays in securing this land have come at a considerable cost.
“NZTA plans to update the overall project cost later this year, factoring in the impacts of these delays, as well as inflation and rising construction costs.”
NZTA would now ask the Crown to take the necessary steps to become the legal owner of the 11-hectare parcel of land.
“So that, subject to any further legal challenge against this process occurring, the Mt Messenger Alliance can begin works on the northern section as soon as possible.”
The work was then expected to take four full construction seasons, from October to April, to complete, Partridge said.
- RNZ
