Auckland Harbour Board v Rex - [1919] NZLR 419

Contract — Condition — Waiver — Power of Minister to waive Statutory Condition in favour of Crown — Moneys payable under Statute by Crown to Harbour Board — Subject to Grant of Lease by Board to Third Party — Intention of Crown to resume Land for Railway Purposes — Request from General Manager of Railways to Board not to grant Lease — Lease not granted — Moneys paid to Board from Public Works Appropriation — Whether recoverable as paid by Mistake — Whether Statutory Condition waived — Auckland Harbour Board Empowering Act, 1912, s 7.