1 Apr 2021
POUTU, WANO, SKELTON, KOPU, PANOHO, RITAI AND TAMATI v ATTORNEY-GENERAL [2021] NZHC 723
- Citation
- [2021] NZHC 723
- Court
- High Court
The court granted rectification because objective and documentary evidence demonstrated a common continuing intention and agreement that the 20% adjustment applied only to the Courthouse land; the PRS contained a drafting error that mistakenly applied the discount to all Ministry of Justice properties; the entire agreement clause and statutory finality did not bar rectification because interpretation/implementation remain justiciable; accordingly the PRS definition was rectified to confine the 20% adjustment to Ministry of Justice (Courts) properties and a declaration was made to that effect.