Court of Appeal Wellington
20 March; 13 April 1984
Woodhouse P, McMullin and Hardie Boys JJ
20 March; 13 April 1984
Woodhouse P, McMullin and Hardie Boys JJ
Town and country planning — Judicial review — Unsuccessful objectors to town planning application sought judicial review of Council's decision — Landowner who had not been an objector before Council also sought judicial review of Council's decision — No appeal to Planning Tribunal had been pursued — Whether Council's decision had been made without jurisdiction and was therefore not a "decision" within s 166 of the Town and Country Planning Act 1977 - Whether judicial review applications were premature and should be struck out.
Town and country planning — Procedure — Planning application — Casting vote — Whether s 170 of the Town and Country Planning Act 1977 impliedly repeals the provision in s 108(6) of the Local Government Act 1974 for a casting vote by the Chairman when a Council is equally divided on a planning application.
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