New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Local government act 2002

Legal area

Court

6 Sept 2019

COMMERCIAL PROPERTIES LTD v HUTT CITY COUNCIL [2019] NZHC 2243

Citation

[2019] NZHC 2243
Court

High Court

The Court held the Local Government Act 2002 confers a stand-alone, broader power on local authorities to compulsorily acquire land for purposes including urban renewal, subject to the PWA procedures for notice and compensation; the s 23 notices in this case provided a sufficiently adequate general description; the other challenges failed; the judicial review application was dismissed.
22 Dec 2009

GULF HARBOUR INVESTMENTS AND ANOR V RODNEY DISTRICT COUNCIL HC AK CIV 2006-404-005005

Citation

openlaw-750ce06d_8203_4596_9dcb_651f88c2821f.pdf
Court

High Court

GH Investments' development rights were constrained by the existing licence and statutory planning and local government obligations; the Council was not estopped from asserting those constraints though it conceded a limited duty to subdivide and lease; consequently the Council is entitled to costs but at category 2B with a one quarter reduction to reflect GH Investments' partial success, and the Registrar is to assess and certify the costs and disbursements including second counsel.