30 May 2017
THE UNIVERSITY OF AUCKLAND v AUCKLAND COUNCIL [2017] NZHC 1150
- Citation
- [2017] NZHC 1150
- Court
- High Court
The Court held that Activity Table E37.4.1 is ambiguous as to whether viable GMO medical vaccines are permitted or prohibited; ambiguity in the plan requires correction. The appeal was allowed by consent to adopt the corrective amendments, but the Council must notify affected submitters who may appeal the amendment under s 156(1) LGATPA 2010; the Independent Hearings Panel could validly adopt a precautionary approach but the drafting ambiguity must be remedied and subjected to normal appeal rights.