Fowler Developments Ltd v Chief Executive of the Canterbury Earthquake Recovery Authority - [2014] 2 NZLR 54

Administrative law — Judicial review — Remedies — Declaration — Relief now of little utility — Whether declaration appropriate — Whether appropriate to set aside decision.

Administrative law — Statutory power of decision — Whether process required by Act followed — Whether decision by Minister or by Cabinet — Whether decision to be set aside — Canterbury Earthquake Recovery Act 2011.

Constitutional law — Executive powers — Decision taken without following statutory procedure — Whether decision taken under Prerogative — Whether requirement for appropriation to fund decision prevented judicial review — Canterbury Earthquake Recovery Act 2011.

Human rights — Principles — Whether interference arbitrary and unlawful — Whether decision required to be made under statutory power.