20 Apr 2018
HOJSGAARD v THE CHIEF EXECUTIVE OF LAND INFORMATION NEW ZEALAND [2018] NZHC 750
- Citation
- [2018] 3NZLR 99
- Court
- High Court
The Chief Executive, in approving the Brill survey for integration, failed to have regard to a mandatory relevant consideration—namely whether the western boundary of the Wright survey is depicted as a right-lined former water boundary—and therefore the decision-making process was deficient; the Court will not substitute its own factual determination on the competing surveys but will remit the matter for limited reconsideration by the Chief Executive to determine compliance with the Rules by reference to that consideration.