19 Dec 2006
WAITAKERE CITY COUNCIL V BRUNEL AND ANOR HC AK CIV-2006-404-4504
- Citation
- openlaw-c6b5e8ac_c180_4c50_8dec_67d020635a3c.pdf
- Court
- High Court
The Environment Court misdirected itself by effectively substituting its own site choice for the Council's; under s24(7) the Court's role is to review whether the Council as decision-maker properly ascertained its objective and adequately considered alternatives, not to reject options without legal basis; on the evidence the Council had adequately considered alternatives and the taking of Lots 45 and 49 was a fair, sound and reasonably necessary means to achieve its stated objective, so the High Court allowed the appeal and declared the Council may proceed with compulsory acquisition.
- Compulsory acquisition
- Public works act 1981 s24 review
- Adequacy of alternatives
- Judicial review vs appellate review
- Compensation under pwa