7 Sept 2022
KŌKAKO LODGE TRUST v AUCKLAND REGIONAL PUBLIC HEALTH SERVICE [2022] NZHC 2280 [7 September 2022]
- Citation
- [2022] NZHC 2280
- Court
- High Court
Threshold preservation was established but interim relief was declined because the applicant's substantive case appeared weak: the ARPHS decision to impose a closure condition was supported by the Guidelines, site inspection and evidence of prior non-compliance, and a reasonable decision-maker could have reached the same conclusion; the public interest, operational timing and significant financial consequences of delay outweighed the applicant's private prejudice from temporary closure.