17 Aug 2017
MANGAWHAI RATEPAYERSʼ & RESIDENTSʼ ASSOCIATION INC & ROGAN v NORTHLAND REGIONAL COUNCIL & KAIPARA DISTRICT COUNCIL[2017] NZHC 1972
- Citation
- [2017] NZHC 1972
- Court
- High Court
The Court concluded the NRC's rates for the KDC region for 2011/2012–2015/2016 were unlawful and that a declaration of unlawfulness equated to invalidity; discretionary factors (delay, prejudice, gravity) did not justify withholding relief, but restitution (ordering refunds) is not appropriate in judicial review proceedings; validation under s5 or replacement under s120 were inapplicable remedies here; accordingly the Court set aside (quashed) the unlawful rates and attendant penalties retrospectively for the specified years, reserved costs.