Court of Appeal dismisses AIAL land claim

The Court of Appeal has dismissed an appeal from the former owners of land purchased for the construction of Auckland International Airport.

The airport said the decision confirmed the company's view that the claim was without merit and the original High Court decision was appropriate. The airport would defend any appeal to the Supreme Court.

Auckland International Airport owns 1100ha of land at Mangere and the appellants, who are trustees of the Craigie Trust, formerly owned 36.63ha of land acquired by the Crown in 1975.

The appellants argued that the land acquired was no longer needed for the purpose of an ``aerodrome'' and that it should be offered back to the trust.

The High Court ruled that the company did not have to offer it back because it was still required for airport purposes and in any event, it would be unfair and unreasonable to require it to be offered back.

The appeal dealt with the issue of whether section 40 of the Public Works Act applied to the land and if it did, was the company exempted from offering back the land.

- NZPA