High Court Wellington
12, 13 July; 19 October 1995
Gallen J
12, 13 July; 19 October 1995
Gallen J
Building — Building Industry Authority — Jurisdiction — Building consent issued by council — Consent challenged before Building Industry Authority by New Zealand Fire Service — Whether Building Industry Authority had jurisdiction — Whether acting as Court of law and bound by rules of the Court — Whether statutory tests applied appropriately — Whether entitled to establish and rely on performance standards — Whether rules of natural justice breached — Building Act 1991, ss 12, 16, 17, 19, 46 and 86 — Fire Service Act 1975, ss 170 and 29.
Administrative law — Tribunals and boards — Jurisdiction and functions of Building Industry Authority — Procedures for determination — Whether acting in administrative or judicial capacity — Rules of natural justice — Jurisdiction of Court to make orders — Building Act 1991, ss 170, 18, 19 and 20 — High Court Rules, R 718A.
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