Taranaki farmers consider options after Mt Messenger Bypass court setback
Photo:
Ken Downie
Taranaki farmers fighting the compulsory acquisition of 11 hectares of their land for the Mt Messenger Bypass project say they're considering their options after another setback in the courts.
The Transport Agency wants to compulsorily acquire 11 hectares of Tony and Debbie Pascoe's cattle farm under the Public Works Act for the project.
The
$365 million bypass is a new two-lane 6km route between Uruti and Ahititi
that avoids the existing steep, narrow and winding route over Mt Messenger on State Highway 3.
The couple argue that the process for selecting the route and acquiring their land had been flawed, but the High Court - which has issued four new appeal decisions - disagreed.
The Transport Agency has welcomed the decisions - the latest of 20 court rulings involving the Pascoes land - saying it marked a significant milestone for the project.
One of this week's appeal findings related to a 2024 Environment Court decision - which 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 issues relating to the compulsory acquisition to the Supreme Court
, said they were still considered 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.
"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 a number of 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."
Taranaki farmer Tony Pascoe.
Photo:
Ken Downie
The Supreme Court appeal was scheduled to be heard on 14 October.
NZTA regional manager of infrastructure delivery Rob Partridge said the rulings marked a significant milestone for the project, following 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."
Partridge said since 2017, there had been many attempts to acquire the land by agreement, and the landowners had been presented with 20 offers including options for new housing elsewhere across 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."
Te Ara o Te Ata - Mt Messenger Bypass project construction in February 2025.
Photo:
NZTA / Waka Kotahi
Partridge said following the latest court decision NZTA would now request the Crown 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.
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