3 Mar 2011
SCHUBERT V WANGANUI DISTRICT COUNCIL HC WANG CIV-2010-483-230
- Citation
- openlaw-16cc26cd_a468_4f55_af17_5940b11262b4.pdf
- Court
- High Court
The Bylaw is invalid. Substantively it designates the urban and peri-urban area and other locations so as to have the effect of making all public places in the district specified places contrary to s5(6) of the Wanganui Act. Independently, the geographic breadth of the Bylaw imposes a limit on freedom of expression that is not reasonably justified under NZBORA s5. Parliament's delegation in s5(5) to the Council to be 'satisfied' the bylaw is 'reasonably necessary' requires a rights-consistent assessment; the Council failed to properly consider NZBORA values and thus acted unlawfully.