22 Feb 2017
The Panel did consider the implications of ss85 and 185 RMA and appropriately gave them limited weight; its s32 evaluation and choice to classify activities as discretionary to preserve Part 2 discretion and public safety oversight were lawful and adequately supported by evidence; no legal error was made and the appeal is dismissed.
8 Dec 2015
The High Court allowed the appeals, holding the Environment Court erred in concluding that leave is required to withdraw an appeal simply because a consent memorandum had been filed and erred in finding that withdrawal in these circumstances was an abuse of process. A consent memorandum is a negotiated position submitted for the Court's endorsement and does not, without Court orders, amount to a new binding decision, an irrevocable undertaking, or render the consent authority functus officio; consequently Mullen v Parkbrook Holdings Ltd governs and parties may withdraw appeals absent clear ab…
19 Dec 2006
The Supreme Court held the Council's requirement was a lawful condition capable of being imposed under s108(2)(c) RMA and did not amount to a taking invoking the presumption of statutory compensation; the Environment Court erred in allowing Estate Homes to expand its compensation claim beyond the basis stated in its application and in treating the matter as a taking; the appropriate remedy is to refer the issue of what compensation is required to make the condition reasonable (collector v local road comparator) back to the Environment Court for determination, and the Court awarded costs of $1…