High Court Wellington
CIV-2024-485-842
28 July, 7, 15 August; 21 November 2025
Gendall J
CIV-2024-485-842
28 July, 7, 15 August; 21 November 2025
Gendall J
Judicial Review — Error of law — Scope of Council members’ discretion — Deciding whether to dedicate road reserve as legal road — Whether Council members had discretion to consider wider community effects — Roading and matters relating to concluded resource consent — Whether to dedicate road reserve as legal road — Reserves Act 1977 s 111.
Judicial Review — Error of fact — Whether erroneous statements by Council members amounted to a material error of fact.
Judicial Review — Procedural impropriety — Whether Council members abused their discretion under s 111 of the Reserves Act 1977 — Reserves Act 1977 s 111.
Judicial Review — Predetermination — Bias — Whether two Council members who voted against dedicating the road reserve as a legal road had pre-determined their decision.
Judicial Review — Legitimate expectation — Whether legitimate expectation Council would dedicate road reserve as legal road.
Judicial Review — Unreasonableness — Whether Council members acted unreasonably in deciding not to dedicate road reserve as legal road.
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