28 Feb 2014
COOKE v VALUERS REGISTRATION BOARD [2014] NZHC 323
- Citation
- [2014] NZHC 323
- Court
- High Court
The Board was exercising a statutory power under s32 of the Valuers Act; a decision not to prosecute is not reviewable merely because the Court would have weighed factors differently. Absent bad faith, abuse of process or failure to exercise the discretion, and given the investigation treated the complaint as ethical (and there was insufficient evidence of unethical or incompetent conduct, including no independent valuer's report), the Court will not overturn the Board's decision; consequently the judicial review application is dismissed.