Should the “procedural” limb in section 58(1)(b) be retained? If it is retained, should the consequence of non-compliance with the “procedural” limb mean the act or decision is unlawful?
Yes.
From the beginning the HRA was intended to have the most impact by decision makers taking it into account in their daily decision-making process, not by litigation. But some mechanism needs to exist to give that aim legal force. This provision is that mechanism. In our view, this provision is fundamental to ensuring that public entities comply with the Act. In our view failure to comply with the Act should result in the act or decision being unlawful.
Read More