12 Jun 2023
WESTGATE TOWN CENTRE LTD v AUCKLAND COUNCIL [2023] NZHC 1455
- Citation
- [2023] NZHC 1455
- Court
- High Court
The IFA and related agreements were specific transactional arrangements allocating land, construction responsibilities and payments; they did not constitute an open‑ended contract to 'deliver' the planning vision in PC15. Clause 4 of the IFA obliged Council to widen Fred Taylor Drive but did not fix design detail or require town‑centre treatment; clause 4(b) expressly disclaimed present commitment to bridge/ramps. CSA1/demarcation, the CDP and other planning instruments did not alter those contractual limits. The plaintiffs failed to establish the necessary strict tests for implying the asser…