22 Sept 2008
THE PETONE PLANNING ACTION GROUP V HUTT CITY COUNCIL AND ANOR HC WN CIV 2008-485-1112
- Citation
- openlaw-469abf6e_1f4f_4332_85c9_766486565a42.pdf
- Court
- High Court
The Environment Court correctly interpreted Rule 14H 2.1.1 as providing two alternative means of addressing fault risk (demonstrate >20m separation OR demonstrate necessary engineering precautions) and retained a true restricted discretion on engineering precautions; the Building Code and building consent processes appropriately cover detailed safety matters; the evidence showed the application was skimpy but adequate under s88; the permitted baseline was misidentified but the error was not material to the outcome; cumulative effects and plan integrity challenges were considered and did not e…