Waikato Regional Airport Ltd v Attorney-General - [2002] 3 NZLR 433

Constitutional law — Executive powers — Appropriation for services by Parliament — Authorisation to recover costs of providing border control services — Distinction between duty imposed and powers conferred on Director-General of Agriculture and Forestry — State Sector Act 1988, s 41.

Judicial review — Ministerial decision — Scope of discretion of Director-General of Agriculture and Forestry — Whether decision made in accordance with law by Director-General or in accordance with proper delegation — Whether invalidity could be remedied — Whether recovery of costs available to Director-General of Agriculture and Forestry — Whether retrospective recovery available under Act — Biosecurity Act 1993, s 135.

Judicial review — Remedies — Discretionary nature — Party entitled to reimpose charges found to have been invalidly imposed — Whether Court should grant declaration of invalidity.