ALPHA DAIRY NZ LIMITED v AUCKLAND COUNCIL [2019] NZHC 2263

ALPHA DAIRY NZ LIMITED v AUCKLAND COUNCIL [2019] NZHC 2263

The Court granted Wiri Oil Services Ltd limited leave to intervene because Wiri demonstrated a direct interest and could improve the information before the Court without materially prejudicing the parties; its participation was confined to evidence already served and written submissions (max 15 pages) by 4 pm on 13 September 2019, oral submissions to be at the discretion of the hearing judge, an extension to the requested filing deadline was refused, and no costs were awarded for or against the intervener.

Citation
[2019] NZHC 2263
Parties
First Applicant: Alpha Dairy NZ Limited; Second Applicants: Geumsoon Shim and Lian Sengbuen; First Respondent: Auckland Council; Second Respondent: Tonea Investments (NZ) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 September 2019
Procedural Posture
Judicial Review (resource Management) / Intervention Application / Pre Hearing Directions
Outcome
Leave to intervene granted to Wiri Oil Services Ltd on limited terms; extension of time to file submissions denied; no costs awarded for or against the intervener.
Legal Topics
Intervention, Judicial Review, Resource Consent, Declaratory Relief, Unitary Plan Interpretation, Reverse Sensitivity
Resource Management Administrative Law Civil Procedure Planning Law Intervention Judicial Review Resource Consent Declaratory Relief +2 more

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Parties

Alpha Dairy NZ Limited

First Applicant

Geumsoon Shim and Lian Sengbuen

Second Applicants

Auckland Council

First Respondent

Tonea Investments (NZ) Limited

Second Respondent

Procedural Posture

Judicial Review (resource Management) / Intervention Application / Pre Hearing Directions

Legal Issues

  1. 1 Whether Wiri Oil Services Ltd should be granted leave to intervene
  2. 2 Whether the Environment Court's and Tonea's proposed declaratory relief is overbroad in relation to the Business – Heavy Industry Zone
  3. 3 Whether film-making activities constitute 'manufacturing' under the Auckland Unitary Plan

Ratio Decidendi

The Court granted Wiri Oil Services Ltd limited leave to intervene because Wiri demonstrated a direct interest and could improve the information before the Court without materially prejudicing the parties; its participation was confined to evidence already served and written submissions (max 15 pages) by 4 pm on 13 September 2019, oral submissions to be at the discretion of the hearing judge, an extension to the requested filing deadline was refused, and no costs were awarded for or against the intervener.

Court Disposition

Leave to intervene granted to Wiri Oil Services Ltd on limited terms; extension of time to file submissions denied; no costs awarded for or against the intervener.

Orders

  • Leave granted to Wiri Oil Services Ltd to intervene
  • Wiri may rely on the affidavit evidence it has already served on the parties