Waikato Regional Airport Ltd v Attorney-General - [2004] 3 NZLR 1

Constitutional law — Executive powers — Parliamentary appropriation for services — Whether appropriated funds earmarked for border services at regional airports — Statutory duty to provide border control services — Authorisation to recover costs — Biosecurity Act 1993, ss 37 and 135.

Administrative law — Statutory duties — Whether statutory requirement to recover costs outweighed duty to act equitably and efficiently — Whether charges imposed in accordance with law — Whether lawful to equate establishment costs with operating costs — Whether consideration of risk justified imposing charges on regional airports only — Whether decision made with open mind on statutory duty — Whether justification for disparity in treatment of metropolitan and regional airports — Meaning of “equity” and “efficiency” — Biosecurity Act 1993, ss 37 and 135.

Judicial review — Remedies — Restitution — Whether defence of “windfall” available — Excessive charges recoverable if exacted ultra vires — Basis and quantum of recovery.