19 Dec 2007
BLUESKIN PROJECTS LIMITED V DUNEDIN CITY COUNCIL AND ANOR HC DUN CIV-2007-412-669
- Citation
- openlaw-08c8ffa2_151b_4a8e_87fb_1ee674fa1dbb.pdf
- Court
- High Court
The amended proposal to replace a subdivision application with a land use consent for two large dwellings was materially different in substance from the original application; permitting that amendment on appeal would circumvent the statutory consents process and risk prejudice to the Council and public. Accordingly the Environment Court lacked jurisdiction to allow such a significant opposed amendment on appeal and correctly declined leave to amend; the High Court dismissed the appeal and upheld that decision.