4 Nov 2005
WAITARA LEASEHOLDERS ASSOCIATION INC V NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV-2004-443-162
- Citation
- openlaw-cc400718_959f_4958_aabe_70aca4d268bc.pdf
- Court
- High Court
NPDC acted unlawfully as trustee because it did not recognise or give primary effect to the statutory objects of the Waitara trusts, instead adopting an ulterior purpose to facilitate settlement with Te Atiawa and to release legislative constraints; Part 6 LGA 2002 considerations did not cure that breach, so the 30 March 2004 resolution was declared unlawful.