New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial review of administrative decision-making

Legal area

Court

11 Dec 2018

MAUNGAHARURU-TANGITŪ TRUST v HASTINGS DISTRICT COUNCIL [2018] NZHC 3261 [11 December 2018]

Citation

[2018] NZHC 3261
Court

High Court

The Court refused the s303 application because the Council did not satisfy the High Court that reports were necessary for proper determination of the legal questions on appeal; s303 cannot be used to direct the Environment Court to supply or backfill missing reasons in a decision where the appeal must succeed or fail on the reasons actually articulated, and a s303 report cannot cure a failure to give reasons.
30 Oct 2015

CLARK v TARANAKI REGIONAL COUNCIL [2015] NZHC 2676

Citation

[2015] NZHC 2676
Court

High Court

Liability for additional costs under s36(1)(ab) of the RMA arises when a submitter requests independent commissioners under s100A and attaches to the individuals who made that request; s2A does not operate to retroactively substitute an incorporated successor for those individuals so as to defeat that liability; TRC acted lawfully in considering waiver requests and in calculating recoverable costs in accordance with its statutory scheme; the District Court's judgment for recovery of $12,256.70 (plus interest and costs) and a costs award to TRC was correct; on this appeal no costs were awarded…