11 Sept 2013
TOWNSCAPE AKORANGA LTD v AUCKLAND COUNCIL [2013] NZHC 2367
- Citation
- [2013] NZHC 2367
- Court
- High Court
The Chief Executive's evaluation that the student accommodation units qualified as "dwellinghouses" was within statutory powers and supported by the assessors' reports and was not plainly wrong; however, the Chief Executive could not compel the participating territorial authority (Auckland Council) to make a contribution — the Council retains the decision whether to enter into the specific Homeowner/contribution agreement and so determine its own contribution liability; relief on remedies was deferred and proceedings were adjourned for further case management.