10 Oct 2023
PASCOE v MINISTER FOR LAND INFORMATION [2023] NZHC 2844
- Citation
- [2023] NZHC 2844
- Court
- High Court
The delegation instrument validly delegated the s 18(1)(a) Public Works Act power because the instrument, read as a whole, identified s 28 of the State Sector Act in its preamble and no statutory form requirement mandated repeating the empowering provision in the operative clause; the omission was immaterial to meaning and effect, and even if it were a plain drafting error it could be corrected by interpretation; accordingly the delegation and authorised sub-delegations were lawful and the judicial review application was dismissed.