| Commentary

62.3 Requirements for consultation

| Commentary

62.3 Requirements for consultation

There is some case law on the extent of an obligation to consult. Most of this case law is in the area of public law (for example, in relation to a local authority’s duty to consult with interested parties in planning matters). Some of the principles established are as follows.

  1. (a)

        There must be a communication of a genuine invitation by one person to another person for the other person to give advice and a genuine consideration of that advice1.

  2. (b)

        Sufficient reasons must be given. The party seeking to consult another party must:

    1. (i)

          give

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