Tony James Sofus Pascoe and Debbie Ann Pascoe v The Minister for Land Information - SC 123/2024

A The application for leave to appeal is granted (Pascoe v Minister for Land Information [2024] NZCA 557).
B The approved question is whether the Court of Appeal was correct to find that negotiations prior to the compulsory acquisition of land for essential works, under s 18 of the Public Works Act 1981, may be undertaken by an accredited contractor rather than by the Respondent personally (or an official of Toitū Te Whenua | Land Information New Zealand with delegated authority by the Respondent).
C Counsel to assist the Court will be appointed by the Registrar.                          
19 May 2025

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A The application of counsel assisting the Court for leave to adduce further evidence is granted.
B The Court answers the question for which leave was granted in the following way: the negotiations function under s 18(1)(d) of the Public Works Act 1981 may be performed by an accredited contractor, rather than the Minister personally or the Minister’s delegate within Toitū Te Whenua | Land Information New Zealand (LINZ), provided the accredited contractor holds delegated authority to perform that function.
C The Court finds that LINZ officials delegated the negotiations function outside the Public Service in this case but did not follow the necessary statutory processes.  The appellants did not refuse to negotiate, for purposes of s 18(2), by refusing to deal with the accredited contractor.
D The appeal is allowed accordingly.  The proceeding is remitted to the High Court to determine what relief, if any, is appropriate.
E The respondent must pay the appellants one set of costs of $3,000 plus usual disbursements. 
18 December 2025