21 Nov 2012
TE WHANAU O WAIPAREIRA TRUST V THE ATTORNEY-GENERAL HC AK CIV-2012-404-3555
- Citation
- openlaw-20bef09a_3d79_4ccc_a930_9f84bb4986e4.pdf
- Court
- High Court
The 1 June 2012 decision not to revoke termination was a decision rooted in the parties' contractual framework (including the settlement agreement) and therefore not amenable to judicial review absent bad faith or illegality; no bad faith, bias or contractual breach by the Ministry was established; Treaty/Wai 414 did not confer a contractual preference; the Fair Trading Act did not apply; accordingly the plaintiff's substantive claims are dismissed and the counterclaim is dismissed for pragmatic reasons.