https://www.scoop.co.nz/stories/PO1708/S00016/judgment-chch-quake-plan-unlawful-on-uninsured-improvements.htm
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Judgment: Chch Quake Plan Unlawful on Uninsured Improvements |
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IN THE COURT OF APPEAL OF NEW
ZEALAND
CA478/2016 [2017] NZCA 332
BETWEEN QUAKE OUTCASTS
Appellant
AND THE
MINISTER OF CANTERBURY EARTHQUAKE RECOVERY
First
Respondent
THE CHIEF EXECUTIVE, CANTERBURY EARTHQUAKE
RECOVERY AUTHORITY
Second Respondent
JUDGMENT OF THE COURT
A The appeal is allowed. The substantive judgment and costs judgment of the High Court are set aside.
B The Minister’s decision to approve the Recovery Plan, under which nothing was offered for uninsured improvements, is declared unlawful.
C Leave is reserved for the parties to file further submissions on remedy.
D The respondents will pay the appellant costs for a standard appeal on a band B basis and usual disbursements.
E Costs in the High Court should be fixed there in light of this judgment.
Full judgment:
QuakeOutcastsvGovt.pdf