13 Feb 2020
The court applied s317(1)(c) to find that beneficiaries who consented or who by their conduct waived enforcement allowed modification, and s317(1)(d) to find the proposed limited modification would not substantially injure any entitled person; therefore the court exercised its discretion to grant the modification without awarding compensation under s317(2).
17 Jun 2008
Section 29(2)(d) of the Racing Act, read consistently with the Bill of Rights and common law, authorises NZTR to make rules permitting random drug-testing of jockeys for race-day safety; such rules are not ultra vires or an unreasonable search under s21 when aimed at safety, proportionate and applied reasonably; consent cannot validate an otherwise unlawful rule but procedural deficiencies in a protocol affect individual exercise of power rather than rule validity; compulsory bodily samples do not attract privilege against self-incrimination.