14 Dec 2022
URLICH v ATTORNEY-GENERAL [2022] NZHC 3393
- Citation
- [2022] NZHC 3393
- Court
- High Court
The decision-maker erred in law by disregarding s 134 of the Te Ture Whenua Māori Act 1993 and by failing to consider whether it was unreasonable or unfair under s 40(2)(a) of the Public Works Act 1981 to offer the property only to the s 40(5) successor; these errors were significant and deprived the applicant of a lawful decision, and, balancing prejudice and utility, the appropriate relief is to quash the decision and the sale agreement, order the Chief Executive of LINZ to reconsider in light of the Court of Appeal's guidance (in particular s 40(2)(a) and s 134(1)(c)), and make consequenti…