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Auckland City Council v Minister of Transport - [1990] 1 NZLR 264

$30.00

High Court Wellington
21, 22, 23 November; 13 December 1988
Wylie J
Court of Appeal Wellington
13, 14, 15 February; 28 April 1989
Cooke P, Richardson, McMullin, Somers and Bisson JJ
Administrative law — Judicial review — Ministerial decision — Harbour Board owned block of land comprising some 112 leases, many of which were long term or leases in perpetuity — Many of land uses were port related activities but some were not — Minister approved transfer of land to port company — Contiguous local authority as other likely recipient of the land sought review of Minister's decision — Whether use by tenant of land for port related activity constituted a port related commercial undertaking by Board — Whether holding land for investment purposes constituted a Board undertaking — Whether Minister in exercising his discretion was required to examine separately each of the 112 leases comprising the disputed land — Whether Minister's decision was ultra vires — Port Companies Act 1988, ss 2, 5, 21, 22 and 23.

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