New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory duty and judicial review
  • 24 Jul 2018

    AZTEK LIMITED v THE ATTORNEY-GENERAL [2018] NZHC 1839

    Citation
    [2018] NZHC 1839
    Court
    High Court

    When the vendor was a company that had been struck off and thus did not exist at the time the land was declared surplus, it was impracticable to offer the land back to that vendor; the Chief Executive lawfully and fairly exercised s40(2)(a) discretion, s330(2) does not render prior lawful Crown actions unlawful on later restoration, and there was no obligation to notify the former director/shareholder to seek reinstatement prior to declining offer-back.

    • Public works act s40 offer-back
    • Company striking off and reinstatement
    • Statutory duty and judicial review
    • Disposal of public land
    • Successor rights