High Court Wellington
CIV 2006-404-4724
12, 13, 14, 15, 16, 19, 20, 22 and 23 February; 20 March 2007
Asher J
CIV 2006-404-4724
12, 13, 14, 15, 16, 19, 20, 22 and 23 February; 20 March 2007
Asher J
Administrative law — Judicial review — District health boards acted ultra vires in entering into contract — Consequences of finding of invalidity — Whether s 87 of New Zealand Public Health and Disability Act 2000 prevented Court from granting relief by way of judicial review — Whether s 20 of Crown Entities Act 2004 protected contract from ultra vires doctrine — Crown Entities Act 2004, ss 19, 20 and 21.
Contract — Enforcement of contract — Contract made by statutory authorities found to be ultra vires — Consequences of finding of ultra vires — Whether Court should exercise discretion to set aside decision to enter into contract and set aside contract — Crown Entities Act 2004, ss 19, 20 and 21.
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