Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Planning, decision-making, and accountability - Borrowing and security - Protected transactions

120: Saving provision in respect of power of court

You could also call this:

“Courts can't stop councils from keeping their old promises, but can prevent new ones”

When you make a deal with your local council, the law says that it’s protected. This means that even if someone goes to court to stop the council from doing something, the court can’t stop the council from keeping its promises in deals it has already made.

But the court can still stop the council from doing new things in the future. This is true even if those new things are like the deals the council made before.

So, if you’re worried about something your council might do, you can still ask a court to step in and stop it. The court can say no to the council doing new things, but it can’t undo deals the council has already made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172903.

Topics:
Government and voting > Local councils
Crime and justice > Courts and legal help
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“Rules about honesty in special deals with local councils”

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Part 6 Planning, decision-making, and accountability
Borrowing and security: Protected transactions

120Saving provision in respect of power of court

  1. Nothing in sections 117 to 119 affects the ability of any person to obtain any remedy from a court that has the effect of preventing or restraining temporarily or permanently a local authority from doing any act or thing in the future (other than an act or thing necessary for the performance of a protected transaction that has already been entered into).