Timaru District Council v Minister of Local Government - [2023] 3 NZLR 572

Declaratory judgments — Jurisdiction to make binding declarations of rights — Stand-alone jurisdiction even if hypothetical — Broad view to be taken — Declarations to be refused as a discretion — Declarations not to reflect full framework of claimed ownership rights — Declaratory Judgments Act 1908 s 2.

Constitutional law — Declaration relating to proposed legislation — Whether declarations sought avoided principle of non-interference with Parliament — Whether legislation interferes with common law includes fundamental values and principles — Expropriation of assets to implement “Three Waters” reforms — Whether jurisdiction to grant declaration — Declarations subject to discretion — Principle of legality.