10 Oct 2019
MAUNGAHARURU-TANGITU TRUST v HASTINGS DISTRICT COUNCIL [2019] NZHC 2576
- Citation
- [2019] NZHC 2576
- Court
- High Court
The High Court allowed the appeals because the Environment Court failed as a matter of law to give adequate, site-specific reasons and to undertake the statutory analysis required by the RMA (including consideration of giving effect to higher order documents and s32/32AA matters) before balancing landowner and tāngata whenua interests; the Environment Court also relied on unforeshadowed oral evidence in relation to MTT88, causing procedural unfairness. The appropriate remedy is to remit the matters to the Environment Court for redetermination with directions reflecting the agreed scope of rec…