31 Mar 2006
CARTER HOLT HARVEY LIMITED V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2005-404-4412
- Citation
- openlaw-b605aa48_0feb_4a75_a42f_e4a2b1a7e293.pdf
- Court
- High Court
The Court held the challenged waste levy bylaws constituted taxes which Parliament had not authorised by clear words or necessary implication in the empowering statutes; therefore the levies (Rodney cl 110(1)(f), North Shore cl 4.111(1)(f), Waitakere cl 111(1)(f) and Christchurch cl 4.2(d)) were ultra vires and invalid, whereas licensing bylaws regulating commercial collection and transportation of waste (including recyclable material) were within the scope of Part XXXI and valid; recyclable material acquired for recycling falls within the statutory meaning of 'waste'.