17 May 2007
NAPIER PUBLIC HEALTH ACTION GROUP INCORPORATED V THE MINISTER OF CONSERVATION AND ORS HC NAP CIV 2006-441-586
- Citation
- openlaw-e6d70d49_a8d8_4061_9d8d_2da1c7659932.pdf
- Court
- High Court
The court held that the statutory trusts affecting the Napier hospital lots were derived from and confirmed by the 1920 special Act, bringing them within the exception in s11E(6)(b) so that revocation of reserve status lawfully terminated those trusts; further, there was no enforceable duty to consult by the Agency or Ministers based on statute or legitimate expectation, and therefore the judicial review and declaratory claims were dismissed.