7 Sept 2011
NELSON GAMBLING TASKFORCE INCORPORATED V NELSON CITY COUNCIL HC NEL CIV 2010-442-368
- Citation
- openlaw-5a79fa9d_4714_41c6_b7d4_1a915be23e62.pdf
- Court
- High Court
The Court held that attaching the draft policy did not satisfy the statutory requirement for a detailed statement of proposal when amending an existing policy; the Council’s broader 2010 amendments (other than the expressly flagged machine cap reduction) were made without complying with ss83 and 87(2)(b)/87(3) and are therefore invalid; the Trillian Trust territorial consent, granted under those invalid amendments, is invalid but the venue licence issue was not determinatively addressed and third‑party prejudice did not outweigh the need to grant relief.