8 May 2020
CLASSIC DEVELOPMENTS NZ LTD v TAURANGA CITY COUNCIL [2020] NZHC 945
- Citation
- [2020] NZHC 945
- Court
- High Court
The council lawfully exercised its discretion: it had adequate information, properly applied the notification tests under ss 95A/95B (finding no special circumstances and no affected persons), permissibly treated the unimplemented healthcare consent as part of the existing environment on a realistic factual basis, had regard to relevant plan objectives and policies and Part 2 where appropriate, and the substantive grant of the non‑complying consent under ss 104/104D was within the range of reasonable outcomes; judicial review does not permit re‑weighing competing planner opinions.