We were proud to act for long-term client, Auckland Council in its recent High Court win in the case of YMCA North Incorporated v Auckland Council. 

The long-running matter involved a dispute about the appropriate compensation for sub-surface land beneath YMCA’s Grey’s Avenue property, which is being compulsorily acquired under the Public Works Act as part of the $5.5 billion City Rail Link project. The parties were at odds over the impact of the sub-surface acquisition on future use of YMCA’s above-surface land.

Nicky Hall, our newly minted Partner who specialises in infrastructure litigation, together with Senior Associate Rachel Abraham in our Planning & Environment team, acted for Auckland Council in the dispute, which involved three judicial proceedings. They were supported by King’s Counsel, Alan Galbraith.

The case is significant for the Council because the YMCA sought $17 million as compensation for the sub-surface land. The High Court confirmed there was no evidence to support this level of compensation and awarded just over $800,000. There was a lot at stake in this potentially precedent-setting case, given the number of properties acquired for the purposes of the City Rail Link project. 

The YMCA sought to appeal the High Court’s decision to the Court of Appeal, however the High Court ruled that no further appeal rights would be granted. Any opportunity for the YMCA to appeal the ruling lapsed in February.