9 Nov 2018
Hugh Green Limited v Auckland Council [2018] NZHC 2916
- Citation
- [2018] NZHC 2916
- Court
- High Court
The Court held there was no clear and unambiguous undertaking by the Council that it would acquire Lots 800 and 801 and HGL did not establish a substantive legitimate expectation or a contractual obligation to compel acquisition; however the Acquisition Committee's decision was set aside because it failed to take into account mandatory relevant considerations—notably the District Plan's open space policies applicable to Flat Bush—and the matter was remitted to the Committee to reconsider taking those policies into account.