High Court Wellington
1, 25 November 1988
Gallen J
1, 25 November 1988
Gallen J
Administrative law — Judicial review — Jurisdiction — Failure to prosecute the breach of a statute — Standing — Building was demolished by a contractor, allegedly in breach of the Construction Act — Plaintiff, an ordinary citizen, sought judicial review of Department of Labour's decision not to prosecute the contractor — Attorney-General applied to strike out the proceedings — Whether decision not to prosecute was the exercise of a prerogative or a statutory power — Whether plaintiff had standing — Whether proceedings should be struck out as disclosing no reasonable cause of action — Construction Act 1959, ss 6 and 26 — Judicature Amendment Act 1972, s 4.
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