New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Procedural legitimate expectation

Legal area

Court

12 Jul 2023

MADE GROUP LIMITED v KIWIRAIL HOLDINGS LIMITED [2023] NZHC 1780

Citation

[2023] NZHC 1780
Court

High Court

The Workshop outcome was an interim, influential but non‑binding step in a larger iterative statutory and administrative process; it was not a final statutory exercise capable of judicial review. The materially reviewable decision was KiwiRail's later decision to lodge notices of requirement for DW1, but that decision is subject to the RMA s296 bar on High Court review where rights of referral/appeal to the Environment Court exist. Therefore the High Court had no jurisdiction to grant the relief sought and the judicial review application was dismissed.
29 Mar 2019

Hugh Green Limited v Auckland Council [2019] NZHC 635

Citation

Hugh Green Limited v Auckland Council [2019] NZHC 635
Court

High Court

Recall was dismissed because the matters plaintiffs now relied on (procedural legitimate expectation and effect of s 78 LGA) were not properly pleaded or squarely before the Court at trial; the Court had addressed the pleaded substantive legitimate expectation and mandatory relevant considerations and the recall jurisdiction is narrow and inappropriate where an issue was not pleaded or where the correct remedy is appeal; the direction to reconsider was orthodox and appropriately limited to the failure to take into account pleaded mandatory relevant considerations.