25 Aug 2021
NEW ZEALAND KIWIFRUIT GROWERS INCORPORATED v GISBORNE DISTRICT COUNCIL [2021] NZHC 2198
- Citation
- [2021] NZHC 2198
- Court
- High Court
The High Court exercised its discretion to grant a temporary stay because the Land Valuation Tribunal, as a specialist valuation body able to address mixed questions of fact and law, should determine the Bushmere Road objection first (with appeal to the High Court if necessary); judicial review is discretionary and the natural justice complaint is likely curable or made academic by the Tribunal's de novo process, so staying the JR pending Tribunal decision (and possible appeal) is the most efficient and fair procedure.