Lower Hutt City Council v Martin

987 Year 987 ( CMLXXXVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * February 7 – Bardas Phokas (the Younger) and Bardas Skleros, two membe ...

1 NZLR 321 is a cited case in New Zealand regarding the validation of contracts under the

Illegal Contracts Act 1970 The Illegal Contracts Act 970'' is a New Zealand law that manages how contracts are deemed illegal under either common law or under Statute. Under this law, all such contracts are deemed illegal, but it gives wide discretionary powers to grant r ...

Background

Patricia Martin worked for 8 1/2 years as a librarian at the

Lower Hutt City Council The Hutt City Council is a Territorial authorities of New Zealand, territorial authority in New Zealand, governing the city of Lower Hutt. Lower Hutt is the country's List of cities in New Zealand#City councils, seventh largest city. The city bo ...

. Upon her resignation in 1979, her employment contract entitled her to a gratuity of $878.24, a gratuity that was standard practice of the council that had been paying all its departing staff since 1952. Unfortunately for Martin, the year before in 1978, the council became aware that under section 6(2) of the Finance Act (no 2) 1941, only gave local authorities the ability to pay such gratuities if the person had been employed for more than 10 years. The council went to court to resolve this issue, and the District Court validated the gratuity. The council appealed.

Held

The

High Court of New Zealand The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration ...

overturned the validation order, on the basis that to validate was against public policy. Heron J stated "I think here there is considerable force in ounsel'ssubmission that where one is considering ultra vires conduct in respect of a statutory body such as a local body under the Local Government Act and not just an unlawful activity otherwise intra vires, wide considerations of public interest apply". Footnote: The Court of Appeal in Wellington Regional Council v Edwards ERNZ 100, 107;

997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...

2 NZLR 129, 138 validated a similar council gratuity.

References

{{reflist High Court of New Zealand cases New Zealand contract case law 1987 in case law 1987 in New Zealand law