1 Aug 2017
QUAKE OUTCASTS v THE MINISTER OF CANTERBURY EARTHQUAKE RECOVERY & ANOR [2017] NZCA 332
- Citation
- [2017]3 NZLR 486
- Court
- Court of Appeal
The Court allowed the appeal and declared unlawful the Minister's approval of the Recovery Plan insofar as it offered nothing for uninsured improvements because that decision was unreasonable: after the Supreme Court's guidance the Minister could not lawfully adopt an area-wide denial of payment for improvements without considering individual circumstances, without over-relying on moral hazard and without a demonstrated clear connection to the marginal cost to the Crown; accordingly the High Court decision was set aside and remedy was reserved for further submissions.