4 Apr 2012
CRESWICK VALLEY RESIDENTS ASSOCIATION INC V WELLINGTON CITY COUNCIL HC WN CIV-2011-485-2438
- Citation
- openlaw-cb6ca49f_fe72_4106_a685_658b8c8faff9.pdf
- Court
- High Court
Council breached obligations under Schedule 1 cl 5(1A) RMA by failing to identify and notify ratepayers likely to be directly affected and by providing materially misleading explanatory material as to reasons for rezoning; Council also failed to assess the rezoning of 55-85 Curtis Street against the rezoning criteria it had adopted, thereby failing to have regard to relevant considerations and taking into account irrelevant ones; because the earthworks consent decision was materially influenced by the invalid rezoning decision, that consent must also be set aside.