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Wellington City Council v Minotaur Custodians Ltd - [2017] 3 NZLR 464

$30.00

Court of Appeal Wellington
CA120/2016; [2017] NZCA 302
16 March, 26 July 2017
Brown, Simon France and Williams JJ
Local government — Bylaw and rule-making powers — Whether statutory or common duty to consult affected parties — Statute giving local authority wide discretion as to consultation — Whether rational basis for treating Minotaur differently from other affected parties — Whether rational basis could be inferred — Common law duty to consult inconsistent with statutory discretion — Whether delay in bringing proceedings ground for refusing relief — Whether second chance to seek exemption should be given — Whether prejudice to other parties — Local Government Act 2002, ss 76, 78, 79, 80, 82.

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