Supreme Court to hear Mt Messenger Public Works Act appeal
Tony and Debbie Pascoe.
Photo:
RNZ / Robin Martin
The Supreme Court will hear a penniless Taranaki farming couple's appeal against the compulsory acquisition of 11 hectares of their land for the Mt Messenger Bypass.
But the country's highest court has indicated the hearing would have a narrow focus.
New Plymouth's mayor denounced the move which he said would add
extra time and money
to the already over budget project.
The six-kilometre, $360 million bypass aims to deliver a safer, more resilient route north out of Taranaki, avoiding an existing steep and windy stretch of highway which includes a narrow tunnel.
NZ Transport Agency (NZTA) contractors were currently constructing the road from the southern and using a gondola to access the centre of the project because the Pascoe's land had not yet been secured.
In its decision to allow the Pascoes leave to appeal, the Supreme Court said a central question would be to decide whether it was permissible for negotiations prior to the compulsory acquisition of the couple's land under the Public Works Act to be undertaken by a contractor, rather than by the Minister for Land Information, Chris Penk, or his officials.
It would also examine whether outsourcing of negotiations to NZTA contractor The Property Group was consistent with the minister's statutory duty "to make every endeavour to negotiate in good faith".
Tony Pascoe, who owns a farm with his wife on the northern boundary of the project, said the decision to allow the appeal was significant for all landowners.
"Oh, it's huge. It's huge. This is huge for all land owners. To be off to the Supreme Court and then for them to also supply a barrister," he said. "Now the barrister's also asked the court to supply another counsel to be able to help her get this right.
"So, we're pretty happy about it. We don't know what's going to happen, but were pretty happy."
The courts had previously recognised
the Pascoes
- who face a $180,000 bill for legal costs from previous unsuccessful litigation - had little to no money.
The Supreme Court said due to the complexity and nature of the appeal a lawyer would be appointed to represent the couple.
Currently, the Pascoes were being offered $176,000 for the land required for the project and would need to relocate during construction because their home would become unliveable.
Tony Pascoe wanted the Public Works Act process in relationship to his land to
be restarted
.
If the Supreme Court agreed, he had a vision of the future.
"A home, a farm hub and an income anywhere on our property. To be able to relocate our home and farm hub, to put a new home or relocatable home on a place that's geo-teched and suitable to put there," he said.
"It's basically bloody easy but they've made it extremely hard for us."
Long-time supporter of the Pascoes Marie Gibbs said granting leave to appeal to the Supreme Court was significant.
"It shows that the issues around the Mt Messenger Bypass and the use of the Public Works Act are important not only for the Pascoes but also for every other landowner that faces having their land taken by force for a any sort of project like the bypass."
She hoped the case would improve the process.
"If the minister and LINZ are making every endeavour to negotiate in good faith to reach and agreement acceptable to the landowner then it's going to make the whole process less intimidating for landowners and they will actually get what they are entitled to."
Mt Messenger bypass protester Marie Gibbs.
Photo:
RNZ / Robin Martin
New Plymouth Mayor Neil Holdom had sympathy for the Pascoes, but said enough was enough.
"I do love that movie
The Castle
and I do believe everyone has a right to their day in court, but they shouldn't have the right to appeal a court's decision 15 or 16 times," Holdom said.
"And every single time, the court has found in favour of the project going ahead, but here we are again with another expensive delay."
New Plymouth Mayor Neil Holdom.
Photo:
RNZ / Robin Martin
Holdom wasn't sure if some of the people supporting the Pascoes had the couple's best interests at heart.
"This is a vital project linking Taranaki to the north and a small group of essentially vexatious litigants have cost Kiwis hundreds of millions of dollars and seven years by using every trick in the book to ensure they've had more than a dozen days in court."
Holdom said the latest appeal would also likely be unsuccessful and mean the loss of another construction season adding about $40 million to the project's ballooning costs.
Land Information and NZTA were unable to comment because the case was before the courts.
The appeal was set to be heard in October.
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6 hours ago
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Supreme Court to hear Mt Messenger Public Works Act appeal
Tony and Debbie Pascoe. Photo: RNZ / Robin Martin The Supreme Court will hear a penniless Taranaki farming couple's appeal against the compulsory acquisition of 11 hectares of their land for the Mt Messenger Bypass. But the country's highest court has indicated the hearing would have a narrow focus. New Plymouth's mayor denounced the move which he said would add extra time and money to the already over budget project. The six-kilometre, $360 million bypass aims to deliver a safer, more resilient route north out of Taranaki, avoiding an existing steep and windy stretch of highway which includes a narrow tunnel. NZ Transport Agency (NZTA) contractors were currently constructing the road from the southern and using a gondola to access the centre of the project because the Pascoe's land had not yet been secured. In its decision to allow the Pascoes leave to appeal, the Supreme Court said a central question would be to decide whether it was permissible for negotiations prior to the compulsory acquisition of the couple's land under the Public Works Act to be undertaken by a contractor, rather than by the Minister for Land Information, Chris Penk, or his officials. It would also examine whether outsourcing of negotiations to NZTA contractor The Property Group was consistent with the minister's statutory duty "to make every endeavour to negotiate in good faith". Tony Pascoe, who owns a farm with his wife on the northern boundary of the project, said the decision to allow the appeal was significant for all landowners. "Oh, it's huge. It's huge. This is huge for all land owners. To be off to the Supreme Court and then for them to also supply a barrister," he said. "Now the barrister's also asked the court to supply another counsel to be able to help her get this right. "So, we're pretty happy about it. We don't know what's going to happen, but were pretty happy." The courts had previously recognised the Pascoes - who face a $180,000 bill for legal costs from previous unsuccessful litigation - had little to no money. The Supreme Court said due to the complexity and nature of the appeal a lawyer would be appointed to represent the couple. Currently, the Pascoes were being offered $176,000 for the land required for the project and would need to relocate during construction because their home would become unliveable. Tony Pascoe wanted the Public Works Act process in relationship to his land to be restarted . If the Supreme Court agreed, he had a vision of the future. "A home, a farm hub and an income anywhere on our property. To be able to relocate our home and farm hub, to put a new home or relocatable home on a place that's geo-teched and suitable to put there," he said. "It's basically bloody easy but they've made it extremely hard for us." Long-time supporter of the Pascoes Marie Gibbs said granting leave to appeal to the Supreme Court was significant. "It shows that the issues around the Mt Messenger Bypass and the use of the Public Works Act are important not only for the Pascoes but also for every other landowner that faces having their land taken by force for a any sort of project like the bypass." She hoped the case would improve the process. "If the minister and LINZ are making every endeavour to negotiate in good faith to reach and agreement acceptable to the landowner then it's going to make the whole process less intimidating for landowners and they will actually get what they are entitled to." Mt Messenger bypass protester Marie Gibbs. Photo: RNZ / Robin Martin New Plymouth Mayor Neil Holdom had sympathy for the Pascoes, but said enough was enough. "I do love that movie The Castle and I do believe everyone has a right to their day in court, but they shouldn't have the right to appeal a court's decision 15 or 16 times," Holdom said. "And every single time, the court has found in favour of the project going ahead, but here we are again with another expensive delay." New Plymouth Mayor Neil Holdom. Photo: RNZ / Robin Martin Holdom wasn't sure if some of the people supporting the Pascoes had the couple's best interests at heart. "This is a vital project linking Taranaki to the north and a small group of essentially vexatious litigants have cost Kiwis hundreds of millions of dollars and seven years by using every trick in the book to ensure they've had more than a dozen days in court." Holdom said the latest appeal would also likely be unsuccessful and mean the loss of another construction season adding about $40 million to the project's ballooning costs. Land Information and NZTA were unable to comment because the case was before the courts. The appeal was set to be heard in October. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
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