3 Dec 2013
THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY v FOWLER DEVELOPMENTS LTD CA571/2013 [2013] NZCA 588
- Citation
- [2013] NZCA 588
- Court
- Court of Appeal
The Court held that the June 2011 red zone designation and public announcements amounted to dissemination of information permitted under the residual freedom (and alternatively within s30 as Chief Executive power) and did not in themselves affect legal rights; but the Chief Executive's September 2012 decision to make 50% offers under s53 was unlawful because the decision-making process failed to comply with s10(1) (failing to make the mandatory consideration of the CER Act's recovery purposes in s3), and accordingly that decision must be declared not lawfully made.