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Court of Appeal Wellington
CA571/2013; [2013] NZCA 588
23 October; 3 December 2013
O’Regan P, Ellen France and Stevens JJ
CA571/2013; [2013] NZCA 588
23 October; 3 December 2013
O’Regan P, Ellen France and Stevens JJ
Administrative law — Judicial review — Remedies — Declaration — Relief now of little utility — Whether declaration appropriate — Whether appropriate to set aside decision.
Administrative law — Statutory power of decision — Cabinet decision — Whether process required by Act followed — Whether decision by Minister or by Cabinet — Whether decision to be set aside — Canterbury Earthquake Recovery Act 2011.
Constitutional law — Executive powers — Cabinet decision to authorise expenditure — Cabinet decision not taking purposes of statute into account — Effect on reviewability of decision by Chief Executive — Canterbury Earthquake Recovery Act 2011.
Constitutional law — Executive powers — Residual freedom to do anything not prohibited by law — Nature and extent of residual freedom.