The Crown has withdrawn its compulsory acquisition action against Tony and Debbie Pascoe's Taranaki farm land for the Mt Messenger Bypass project, but the couple say approximately $400,000 in court costs remain outstanding against them.
The Pascoes have fought the acquisition of 11 hectares of their property for almost a decade. In December, the Supreme Court found officials had failed to follow proper statutory process for compulsory acquisition under the Public Works Act.
"Well, the Supreme Court said the delegation [of authority] has been all been unlawful," Tony Pascoe said.
Minister for Land Information Mike Butterick withdrew the existing Section 23 notice following an April meeting with the couple. A Section 23 Notice of Intention to Take Land is the first formal step the Crown uses to compulsorily acquire private land for public infrastructure.
Linz head of regulatory process and delivery Dan White confirmed the notice had been withdrawn and said the agency wanted to settle with the Pascoes. "In all cases the Crown's preferred approach is to reach a negotiated outcome for the acquisition of land required for public works," White said.
He said the courts had been clear it was fair, sound and reasonable to acquire the land for the bypass. Land Information still intends to acquire the property despite withdrawing the current action.
The agency has made 21 offer packages to the Pascoes to date, with the most recent in May 2026, but no agreement has been reached. Tony Pascoe said all but the latest offer were made under the flawed process.
The High Court will consider next month removing court costs awarded against the Pascoes and whether their legal costs should be repaid and damages awarded.
"I've spent all my life here. This is the wrong place for a road and a lot of people have told me it's the wrong place for a road," Tony Pascoe said. The property is home to over 46 species.