Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))

Current

In sections 20(2)(e) and 21(2)(e), a reference to an improper exercise of a power includes a reference to—

(a)

taking an irrelevant consideration into account in the exercise of a power; and

(b)

failing to take a relevant consideration into account in the exercise of a power; and

(c)

an exercise of a power for a purpose other than a purpose for which the power is conferred; and

(d)

an exercise of a discretionary power in bad faith; and

(e)

an exercise of a personal discretionary power at the direction or behest of another person; and

(f)

an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and

(g)

an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and

(h)

an exercise of a power in such a way that the result of the exercise of the power is uncertain; and

(i)

any other exercise of a power in a way that is an abuse of the power.

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