CLASSIC DEVELOPMENTS NZ LTD v TAURANGA CITY COUNCIL [2020] NZHC 945

CLASSIC DEVELOPMENTS NZ LTD v TAURANGA CITY COUNCIL [2020] NZHC 945

The council lawfully exercised its discretion: it had adequate information, properly applied the notification tests under ss 95A/95B (finding no special circumstances and no affected persons), permissibly treated the unimplemented healthcare consent as part of the existing environment on a realistic factual basis, had regard to relevant plan objectives and policies and Part 2 where appropriate, and the substantive grant of the non‑complying consent under ss 104/104D was within the range of reasonable outcomes; judicial review does not permit re‑weighing competing planner opinions.

Citation
[2020] NZHC 945
Parties
Plaintiff: Classic Developments NZ Ltd; First Defendant: Tauranga City Council; Second Defendant: Felton Developments Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 May 2020
Procedural Posture
Judicial Review (resource Management Act) / High Court Judgment Delivered 8 May 2020
Outcome
Application for judicial review dismissed.
Legal Topics
Notification, Resource Consent, Permitted Baseline, Existing Environment, Part 2 RMA, Limited Notification, Special Circumstances, Judicial Review Standard
Resource Management Law Administrative Law Planning Law Notification Resource Consent Permitted Baseline Existing Environment Part 2 RMA +3 more

Case Brief

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Parties

Classic Developments NZ Ltd

Plaintiff

Tauranga City Council

First Defendant

Felton Developments Limited

Second Defendant

Procedural Posture

Judicial Review (resource Management Act) / High Court Judgment Delivered 8 May 2020

Legal Issues

  1. 1 Whether public or limited notification was required under ss 95A/95B RMA
  2. 2 Whether the consent authority failed to take into account relevant matters or took into account irrelevant matters
  3. 3 Whether the consent authority lawfully relied on the permitted baseline and an unimplemented consent as part of the existing environment

Ratio Decidendi

The council lawfully exercised its discretion: it had adequate information, properly applied the notification tests under ss 95A/95B (finding no special circumstances and no affected persons), permissibly treated the unimplemented healthcare consent as part of the existing environment on a realistic factual basis, had regard to relevant plan objectives and policies and Part 2 where appropriate, and the substantive grant of the non‑complying consent under ss 104/104D was within the range of reasonable outcomes; judicial review does not permit re‑weighing competing planner opinions.

Court Disposition

Application for judicial review dismissed.

Orders

  • Judgment dismissing the plaintiff's judicial review proceeding
  • Defendants awarded costs on a 2B basis with allowance for second counsel