28 Aug 2019
MILES PREMISES LIMITED v ATTORNEY-GENERAL [2019] NZHC 2129
- Citation
- [2019] NZHC 2129
- Court
- High Court
The Court held the Agreement to sell the land was lawfully entered into: the Addendum to the Recovery Plan was sufficient and s 53 could validly be used even though compulsory acquisition under s 54 was a fallback; the Chief Executive adequately addressed s 10. However the Crown's June 2018 decision to enforce the Agreement was unlawful in public law terms because the Crown breached its commitment to negotiate in good faith and induced reliance by Miles while secretly pursuing alternative options (a land swap) and then terminating negotiations without appropriate regard to the statutory and c…