17 Dec 2012
MURRAY V WELLINGTON CITY COUNCIL HC WN CIV-2012-485-001991
- Citation
- openlaw-0fadd70f_b00c_4563_beca_beaefed5b901.pdf
- Court
- High Court
The Council's decision to reissue the encroachment licence without the two conditions originally imposed after consultation created a procedural unfairness and breached the plaintiffs' legitimate expectation of consultation; that decision was void and must be quashed and the original conditions reinstated; however the primary grant of permission for the car pad itself did not unreasonably infringe frontager rights and was not set aside.