sec.23Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))

### sec.23 Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e)) In sections 20 (2) (e) and 21 (2) (e) , a reference to an improper exercise of a power includes a reference to— taking an irrelevant consideration into account in the exercise of a power; and failing to take a relevant consideration into account in the exercise of a power; and an exercise of a power for a purpose other than a purpose for which the power is conferred; and an exercise of a discretionary power in bad faith; and an exercise of a personal discretionary power at the direction or behest of another person; and an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and an exercise of a power in such a way that the result of the exercise of the power is uncertain; and any other exercise of a power in a way that is an abuse of the power. - (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.