Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council - [2014] 3 NZLR 85

Constitutional law — New Zealand Bill of Rights Act — Access to justice — Local Act depriving applicants of effective remedy in judicial review proceedings — Whether inconsistent with s 27(2) of Bill of Rights Act — Whether demonstrably justifiable in free and democratic society — Whether Court to inquire into decision of Attorney-General not to make a report of inconsistency to House — Whether Court to inquire into decision to promote Bill or into Parliamentary procedures — New Zealand Bill of Rights Act 1990, ss 5, 7 and 27(2).

Local government — Significant decision — Failure to comply with procedures — Whether rendered decisions and rates to pay for them unlawful — Whether to grant declarations in face of validation Act — Local Government Act 2002, s 83.

Practice and procedure — Costs — Applicants partially successful — Further success prevented by respondents promoting local Act — Costs to fall on applicants as ratepayers — Whether applicants entitled to indemnity costs.