New Zealand Dairy Board v Okitu Co-Operative Dairy Company Limited - [1953] NZLR 366

Administrative Law — Certiorari — New Zealand Dairy Board — Zoning Order made by Board — Question whether Board under Duty to Act Judicially in arriving at Administrative Decision — Such Question to be decided on True Construction of Authorizing Legislative Provisions and in Relation to Conditions and Circumstances in which Jurisdiction Exercised — Contest before Board between two Dairy Companies, in Nature of Lis between them — Existence of Such Lis material to Question whether Quasi-judicial Duty rested on Board — Cumulative Effect of Existence of Lis with Board's Right under Regulations to undertake Inquiries — Board under Quasi-judicial Duty in Hearing Dispute between Companies before making Zoning Order — Inquiry conducted in Such Manner as to Contravene Principles of Natural Justice — Declaration accordingly — Certiorari and Prohibition issued — Agriculture (Emergency Powers) Act, 1934, s 27 — Dairy Factory Supply Regulations, 1936 (Serial Nos 1936/33, 1948/167), Regs 5, 6, 16.

Practice — Jurisdiction — Petition to Parliament — Petitioner later seeking Discretionary Remedy from Supreme Court — Petition not Bar to Discretionary Remedy sought for Enforcement of Existing Rights.