31 Mar 2006
CARTER HOLT HARVEY LTD V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2005-404-4412
- Citation
- openlaw-5c32a6c3_99c0_4643_a741_b18d784f8305.pdf
- Court
- High Court
The challenged waste-levy bylaws were a tax imposed without clear statutory authority and therefore ultra vires: Part XXXI and LGA 2002 s151(3)(c) authorize allocation and recovery of costs and licensing related to waste management but do not confer a general power to impose waste levies untethered to cost recovery; the levy provisions were also so discretionary and broad as to be unreasonable and uncertain under the Bylaws Act; however licensing and regulatory bylaws over collection (including recyclable material) are within the empowering provisions and valid; recyclable material acquired b…