| Consultation
Court
of Appeal Decision Wellington Airport
1992
Hokianga
Report
Appendix One
Wellington International
Airport Limited and others v Air New Zealand [1993] 1 NZLR 671,
at p. 675. Judgment of the Court of Appeal delivered by McKay J
quoting McGechan J in the High Court in Air New Zealand and others
v Wellington International Airport Limited and others, HC, Wellington,
CP 403-91, Jan 6, 1992:
"Consultation must allow sufficient time, and a genuine effort
must be made. It is a reality not a charade. The concept is grasped
most clearly by an approach in principle. To "consult"
is not merely to tell or present. Nor, at the other extreme is it
to agree. Consultation does not necessarily involve negotiation
toward an agreement, although the latter not uncommonly can follow,
as the tendency in consultation is to seek at least consensus. Consultation
is an intermediate situation involving meaningful discussion. Despite
its somewhat impromptu nature I cannot improve on the attempt at
description, which I made in West Coast United Council v Prebble,
at p 405:
'Consultation involves
the statement of a proposal not yet fully decided upon, listening
to what others have to say, considering their responses and then
deciding what will be done.'
Implicit in the concept is a requirement that the party consulted
will be (or will be made) adequately informed so as to be able to
make intelligent and useful responses. It is also implicit that
the party obliged to consult, while quite entitled to have a working
plan already in mind, must keep its mind open and be ready to change
and even start afresh. Beyond that, there are no universal requirements
as to form. Any manner of oral or written interchange which allows
adequate expression and consideration of views will suffice. Nor
is there any universal requirement as to duration. In some situations
adequate consultation could take place in one telephone call. In
other contexts it might require years of formal meetings. Generalities
are not helpful."
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