‘This is huge’: Couple fighting to keep land win Supreme Court appeal

Friday, 19 December 2025

Tony and Debbie Pascoe at their farm near Ahititi. The couple have won a Supreme Court appeal after officials improperly handled negotiations for a compulsory land acquisition.

A Taranaki couple whose reluctance to sell part of their farm has been blamed for ballooning costs of the Mt Messenger bypass project have won a Supreme Court ruling over how the Crown attempted to acquire their land.

In a judgment released on Thursday, the Supreme Court upheld Tony and Debbie Pascoe’s appeal and ruled that officials did not follow necessary statutory processes for compulsory acquisition of land for public works.

NZ Transport Agency Waka Kotahi (NZTA) wants to acquire more than 11 hectares of the couple’s Mangapepeke Valley farm near Ahititi for the northern section of the bypass project.

In November, the agency said its revised budget for the project was $590 million.

It claimed $350m of the total budget was the result of a “multitude of legal challenges” that had led to construction delays.

While an NZTA update did not mention any specifics of those challenges, the main issue had been acquiring the Pascoe’s land.

Less than 24 hours after the Supreme Court decision was released, Pascoe said he felt numb.

“This is huge,” he said.

“I really hope it’s going to help a lot of people in this country because it’s been a decade of unlawful exercise of the Public Works Act against us.”

The 123-page judgment said Land Information New Zealand (LINZ) issued a notice of desire to acquire the land directing the Pascoes to contact The Property Group (TPG), a consultancy that was contracted by NZTA for negotiations.

Work is under way on the Mt Messenger bypass from the southern end.

The ruling clarified that accredited contractors such as TPG could conduct negotiations for compulsory land acquisitions but only if they received formal delegation from the minister for land information via LINZ, with strict oversight to ensure good faith efforts.

However, the Pascoes wanted to negotiate with the minister. The court said their refusal to deal with TPG did not count as “refusing to negotiate”, which would have allowed a compulsory acquisition to take place.

The court said LINZ improperly delegated negotiations outside the public service without following required statutory process.

The Pascoes would receive $3000 in costs from the minister and the case would go back to the High Court to determine what relief, if any, was appropriate, the decision said.

Tony Pascoe said he would regroup and read the decision properly before he worked out his next moves.

“I don’t know what the minister or NZTA want to do next.”

The couple had been through multiple court hearings since 2016, including in the Environmental Court, High Court and Court of Appeal, which Pascoe said was taking its toll.

“It’s very, very stressful, but we’re getting through it. We don’t know what’s going to happen yet, but what we wanted was a home and make a living.”

An NZTA spokesperson said the agency was reviewing the ruling carefully and would take time to consider its next steps.