22 Nov 2016
TE WHAKAKITENGA O WAIKATO INCORPORATED v MARTIN [2016] NZCA 548
- Citation
- [2016] NZCA 548
- Court
- Court of Appeal
Although the removal decision was justiciable and procedural fairness issues were arguable, the Court of Appeal allowed the appeal and struck out the judicial review proceeding because any relief would have no practical utility given subsequent triennial elections, the respondent's re-election as a member, the settled new chairperson, and the historical and fact-specific nature of the dispute; therefore the action was futile and bound to fail on remedy grounds.