4 May 2018
VOGEL v COMMISSIONER OF CROWN LANDS [2018] NZHC 953
- Citation
- [2018] NZHC 953
- Court
- High Court
Court held Hansen Report materially erred in law by construing 'hardship' in s 54(1)(f) to require 'actual detriment' (loss of property or direct financial loss), thereby excluding emotional and other non‑tangible harms which can be relevant; the report's framing of 'equitable' in equitable‑remedy terms was unhelpful but not fatal; the Commissioner does not have power to effect an unlawful gift of high‑value Crown land (ie transfer of $5–6m property for cost of improvements $415,000) under s 54; the Deputy Chief Executive's decision (which adopted the report) was set aside and remitted for re…