High Court Wellington
2, 3, 6 September; 8 December 1954
Turner J
Court of Appeal Wellington
13, 14, 15 June 1956 17 July 1957
Finlay ACJ, Cooke J, North J, Henry J
2, 3, 6 September; 8 December 1954
Turner J
Court of Appeal Wellington
13, 14, 15 June 1956 17 July 1957
Finlay ACJ, Cooke J, North J, Henry J
Town and Country Planning — District Scheme approved by Town Planning Board under Town-planning Act 1926 — Such District Scheme governed by Town and Country Planning Act 1953 — Scheme not Subject or Subordinate to Local By-laws — Provisions thereof to be construed as Statutory Regulations — Test of Reasonableness inapplicable — Provisions of Scheme not Ultra Vires by Reason of Its containing Discretionary Powers by Way of Relaxation of Its Positive Requirements — Enforcement of Scheme — Town and Country Planning Act 1953, ss 18, 19 (2) (b), 22 (1), 33 (3), 35.
Administrative Law — Town-planning Authority — Approved District Scheme — Provisions thereof to be construed as Statutory Regulations — Test of Reasonableness inapplicable — Scheme not Subordinate to Borough By-laws — Discretionary Powers by Way of Relaxation of Positive Requirements — Scheme not thereby rendered ultra vires — Town and Country Planning Act 1953, ss 18, 19 (2) (b), 22 (1), 33 (3), 35.
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