22 Sept 2020
The Court was satisfied on inspection and evidence that the proposed relocation of the right of way will not substantially injure the entitled parties in respect of noise, views, parking, safety or the Resort's resource consent position and therefore granted the application to modify easements D435872.3 and D435872.5 as specified.
30 Nov 2018
The High Court found one discrete legal error in the Environment Court's reliance on its own experience to treat a 3 dB traffic‑noise increase as per se 'noticeable' absent supporting expert evidence, but held that error did not materially affect the outcome. The Environment Court's primary decision to decline consent was upheld: HGL failed to discharge the persuasive evidential burden under s104D to show adverse effects would be minor or that the proposal was not contrary to District Plan objectives and policies, given inadequate baseline evidence and credible findings of more‑than‑minor cum…