High Court Wellington
15 December 1988; 4 January 1989
Henry J
15 December 1988; 4 January 1989
Henry 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 — Whether decision by departmental inspector as to prosecution was the exercise of a statutory power — Whether decision not to prosecute was reviewable by the Court — Whether plaintiff had standing — Construction Act 1959, s 26 - Judicature Amendment Act 1972, ss 3 and 4.
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