New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial review unreasonableness

Legal area

Court

12 May 2023

AUCKLAND COUNCIL v C P GROUP LIMITED [2023] NZSC 53

Citation

[2023] NZSC 53
Court

Supreme Court

The Supreme Court allowed the appeal, set aside the Court of Appeal decision and reinstated the High Court dismissal: the Council had adequately considered s101(3)(a)(ii) and reasonably assessed benefits and pass-through issues; the Court of Appeal erred in treating pass-through as fatal and in finding the decision unreasonable; Woolworths standard applies and the decision was within the range of reasonable choices.
10 Nov 2021

C P GROUP LTD v AUCKLAND COUNCIL [2021] NZCA 587

Citation

[2021] NZCA 587
Court

Court of Appeal

The Court allowed the appeal and declared the APTR decisions for 2017/2018 and 2018/2019 invalid because Council failed to adequately consider the distribution of benefits under s101(3)(a)(ii) (and the assessment was corrupted by an irrelevant and central pass-through assumption); that error of law vitiated the decisions though the analysis under s101(3)(a)(v) raised no similar legal defect, and consequential relief is to be determined or remitted to the High Court.