Waikato Regional Airport Ltd v Attorney-General - [2001] 2 NZLR 670

Constitutional law — Executive powers — Appropriations — Appropriation for services by Parliament — Recovery by Director-General of Agriculture and Forestry of shortfall in cost of providing border control services — Whether Director-General of Agriculture and Forestry authorised to recover full costs only from regional international airports — Whether statute required charges to be imposed on all airports receiving border control services — State Sector Act 1988, s 41.

Administrative law — Judicial review — Validity of border control charges — Whether lawful to recover only from regional international airports — Whether duty to consult — Whether consultation adequate — Whether Director-General of Agriculture and Forestry focused adequately on mandatory considerations — Whether decision invalid for unfairness — State Sector Act 1988, s 41.

Judicial review — Public law damages — Whether airports able to recover charges paid — Whether restitution available for unjust enrichment — Whether consideration disentitled recovery — Recovery under the principle of colore officii if element of compulsion present — Contracts (Privity) Act 1982, s 4.