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High Court Wellington
26, 27 February; 13 April 1959
F. B. Adams J.
Court of Appeal Wellington
25, 26, 27, 28 May; 14 September 1959
Gresson P., North J., Cleary J.
26, 27 February; 13 April 1959
F. B. Adams J.
Court of Appeal Wellington
25, 26, 27, 28 May; 14 September 1959
Gresson P., North J., Cleary J.
Administrative law — Minister of Health — Power to replace Hospital Board by Commission — Minister, after obtaining Report from Committee of Inquiry and on Recommendation of Hospitals Advisory Council, appointing Commission to act in Place of Hospital Board — No obligation on Minister to adduce Evidence He was "satisfied" — Notice of Minister appointing Commission Prima Facie Evidence He was "satisfied" there had been Grave Dereliction of Duty on Board's Part — Power conferred on Minister Administrative only — Minister, having Regard to Considerations of Policy appearing to Him to be relevant in deciding whether Board had made Such Default, under No Duty to act Judicially when Exercising Power to replace Board by Commission — "Satisfied" — Hospitals Act 1957, s. 84 — Acts Interpretation Act 1924, s. 24 — Evidence Act 1908, s. 46.