25 Sept 2007
THE COMBINED BENEFICIARIES UNION V THE AUCK CITY COGS COMM HC AK CIV 2005-404-6807
- Citation
- openlaw-e62f45a4_f031_4a63_a2cc_2fa9cf771b09.pdf
- Court
- High Court
The Department's 2005 'grants online' process introduced a mandatory ten working day rule that significantly changed prior flexible practice; adequate notice that time was of the essence was required but was not given to the Union; that failure deprived the Union of the opportunity to have its applications considered and thereby breached procedural fairness at common law and s 27(1) NZBORA; the Committees effectively fettered their discretion by ratifying the departmental rule without proper consideration; appropriate remedy is a declaration and costs, not damages in the circumstances.