25 Jan 2017
TAUEKI v HOROWHENUA DISTRICT COUNCIL [2017] NZHC 34
- Citation
- [2017] NZHC 34
- Court
- High Court
The 1973 agreement is not invalid for want of the Levin Borough Council's signature or seal because it gave effect to an earlier council resolution and is saved by s 3(4) of the Public Bodies Contracts Act 1959; the agreement contained sufficient consideration constituted by reciprocal promises; alleged statutory breaches and claims that the agreement is an agreement to commit tort cannot be resolved by declaratory relief in these proceedings and do not render the contract illegal under the Illegal Contracts Act 1970; the 2013 HDC resolution is not determinative and was not relied upon to val…