25 Jul 2007
FRIENDS OF TURITEA RESERVE SOCIETY INCORPORATED V PALMERSTON NORTH CITY COUNCIL HC PMN CIV-2006-454-879
- Citation
- openlaw-e30a1964_a7ac_4294_9855_94bb540e8829.pdf
- Court
- High Court
A local authority may lawfully add 'renewable electricity generation' as a purpose of a local purpose reserve where the activity bears a sufficient local nexus and revenue will be applied to reserve purposes; contracting with a private or state-owned generator does not automatically constitute an unlawful fettering of statutory discretion or bias where the council retains and exercises its statutory decision-making responsibilities honestly and with minds not closed; the consultation carried out satisfied statutory and common law requirements given the stage of decision-making and the need fo…