30 Sept 2013
THE CANCER SOCIETY OF NEW ZEALAND INCORPORATED v THE MINISTRY OF HEALTH [2013] NZHC 2538
- Citation
- [2013] NZAR 1461
- Court
- High Court
The enforcement officers exercised a reviewable statutory power affecting rights; the Ministry's Guidelines and Open Areas Calculator introduced air‑quality/ventilation criteria that are extraneous to and inconsistent with the statutory definition of 'open area'/'internal area', thereby unlawfully fettering enforcement discretion; the decision based on the Calculator was therefore erroneous and must be quashed and the complaint reconsidered under the statute.