24 Jun 2020
AZTEK LIMITED v THE ATTORNEY-GENERAL [2020] NZCA 249
- Citation
- [2020] 3 NZLR 698
- Court
- Court of Appeal
s40(1) and s40(2) are sequential: once land is found no longer required s40(2) is engaged and the chief executive's duty to 'endeavour to sell' includes making reasonable and proportionate inquiries (with due expedition) to determine whether an offer back is practicable; the delegate's decision of 21 February 2011 was unlawful because he treated the company's struck off status as dispositive without making reasonable inquiries as to restoration and potential offerees; the decision is set aside and must be reconsidered accordingly.