18 Sept 2006
WHANGAMATA MARINA SOCIETY INC V THE ATTORNEY-GENERAL OF NEW ZEALAND HC WN CIV 2006-485-000709 18 SEPTEMBER 200 18 SEPTEMBER 200
- Citation
- HC WN CIV 2006-485-000709 18 SEPTEMBER 200
- Court
- High Court
The Minister exceeded his lawful role under s119 by re-evaluating contested evidence and effectively testing factual matters that Parliament assigned to adversarial hearing processes; the Minister also breached procedural fairness by conducting an inadequate, late reconsideration based on incomplete material and by holding site meetings whose content he could not simply disregard; accordingly the decision was set aside and remitted for reconsideration complying with s119(3)-(4) and natural justice requirements.