13 Dec 2006
TAP (NZ) LTD V ATTORNEY-GENERAL OF NZ IN RESPECT OF MINISTER OF ENERGY AND ORS CA CA48/06
- Citation
- openlaw-407276e2_7364_4939_bd04_12df10fea339.pdf
- Court
- Court of Appeal
The Court held that, properly construed, the MPP (including cl 5.1.3) meant Origin's application was within the same five working day period and thus competing; publication of Tap's application on the Ministry register/website was consistent with the MPP and s91 and did not breach legitimate expectations or amount to unlawful solicitation or unreasonableness; and even if any procedural infirmity had been shown, discretionary relief would be withheld given Tap's delay, failure to seek interim relief and Origin's substantial expenditure and reliance; accordingly appeal dismissed.