8 Dec 2020
HAURAKI COROMANDEL CLIMATE ACTION INC v THAMES-COROMANDEL DISTRICT COUNCIL [2020] NZHC 3228
- Citation
- [2020] NZHC 3228
- Court
- High Court
The Court held the Council's decision not to approve the Mayor signing the Declaration was substantively reasonable on the evidence adduced, but unlawful because the Council failed to comply with the Local Government Act 2002 and its Significance and Engagement Policy by not undertaking the required s79 proportionality/analysis (including assessment of significance, options, and consultation obligations) and therefore the decision was quashed and remitted for reconsideration consistent with the Act and Policy.