23 Oct 2014
FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH v MACKENZIE DISTRICT COUNCIL [2014] NZHC 2616
- Citation
- [2014] NZHC 2616
- Court
- High Court
High Court held commissioners had power to delete a notified issue (deleting a notified issue is not ultra vires); Environment Court was entitled in principle to use s293 to direct the Council to prepare changes to address protection of the Mackenzie Basin as an outstanding natural landscape, but the Environment Court misapplied the powers by drafting detailed provisions itself and confirming Objective 3B under s290 without requiring a fresh s32 evaluation and public participation; remedy is quashing the procedural orders that improperly implemented changes and remitting to the Environment Co…