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RNZ News
03-07-2025
- Politics
- RNZ News
Taranaki farmers consider options after Mt Messenger Bypass court setback
The Transport Agency wants to compulsorily acquire 11 hectares of Tony and Debbie Pascoe's' cattle farm. 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.
RNZ News
09-06-2025
- Business
- RNZ News
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.
