27 Apr 2023
SOUTHERN CROSS HEALTHCARE LIMITED v EDEN EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATEDAND OTHERS [2023] NZHC 948
- Citation
- [2023] NZHC 948
- Court
- High Court
The High Court allowed the appeal because the Environment Court made material legal errors: it misapplied the NPS-UD by failing to recognise the NPS-UD applied to the tier 1 local authority irrespective of decision type and by misreading the timing provisions; it misinterpreted and misweighted Auckland Regional Policy Statement provisions (overstating the directiveness of special character identification and understating the directive force of social‑facility enabling policies); it wrongly imposed a requirement to consider alternative sites in circumstances where the objective was site‑specif…