8 Nov 2021
THIRTY EIGHT MOFFAT LTD v AUCKLAND COUNCIL [2021] NZHC 2978
- Citation
- [2021] NZHC 2978
- Court
- High Court
The bylaw is valid because it does not directly refer to NZS 4404 so s 22(2)(a) of the Standards Act is not engaged; Watercare's codes of practice are permissible technical instruments and a necessary incident of its functions, and the discretion left to Watercare to set or update codes is not so great as to be unreasonable under s 13 Bylaws Act 1910; there was no unlawful sub-delegation and the explanatory note is non-operative, therefore the application for declarations fails.