6 Nov 2009
SKYLINE ENTERPRISES LIMITED V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR HC INV CIV-2008-425-000650
- Citation
- openlaw-735dfc9d_beee_4a83_bf99_e9580a0db5c8.pdf
- Court
- High Court
The Court held the Commissioner ought to have concluded Skyline was a person adversely affected more than de minimis because of impacts on its infrastructure and thus the application should have been notified, but in the exercise of its discretion the Court declined to quash the consent because special circumstances (Skyline's delay in commencing proceedings, its competing land interest and motivation, Skyline's control over some effects, prior Reserves Act process overlap and futility of referral back) justified letting the consent stand.