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Smitty's Industries Ltd v Attorney-General - [1980] 1 NZLR 355


High Court Wellington
6 August; 15 November 1979
Vautier J
Administrative law — Judicial review — Bylaw-making power — Natural justice — National Roads Board made a bylaw prohibiting any person carrying on any business as a keeper of a mobile shop on any State highway without a licence from the Board — Bylaw did not state the criteria to be used in deciding whether or not to grant a licence — Proprietor of a mobile shop applied for a licence — Board declined the application, giving no reasons for the refusal — Whether the bylaw was invalid — Whether the Board had acted unfairly or in breach of the rules of natural justice — National Roads Act 1953, ss 13, 21 and 42 — Judicature Amendment Act 1972, s 4.

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