New Zealand Case Law: Decisions & Judgments

Topic

Noise standards

Legal area

Court

4 Nov 2021

FRASER v CENTRAL HAWKE’S BAY DISTRICT COUNCIL [2021] NZHC 2981

Citation

[2021] NZHC 2981
Court

High Court

The first certificate (13 December 2018, reissued 31 January 2019) was quashed because it was issued on manifestly inadequate information contrary to the duty under s139 RMA to have sufficient information to compare the proposal with plan rules; however the airstrip is a permitted Service Activity (alternatively Commercial) under the District Plan and the Council's later certificate was valid provided compliance with the Plan's noise standards (r4.9.11); councils should seek leave before actively participating in judicial review of their own RMA decisions.
12 Jul 2019

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2019] NZSC 73

Citation

[2019] NZSC 73
Court

Supreme Court

Leave to appeal was refused because the appellant had succeeded in the Court of Appeal which set aside the certificate of compliance, the noise issues were narrow and context-specific with concurrent findings below, and the matter will be reconsidered under a different plan or new process, so the statutory leave criteria were not met.
20 Nov 2007

PALMERSTON NORTH CITY COUNCIL V DURY & ORS CA CA198/06

Citation

openlaw-959d95f3_a601_4635_ab31_e08425b6e950.pdf
Court

Court of Appeal

The Court held the council reasonably concluded adverse effects would be minor and therefore lawfully declined to notify: the council could rely on the permitted baseline and on assurances of compliance with the plan noise standard absent evidence indicating non-compliance; post-decision evidence of effects after commencement was inadmissible to impeach the original non-notification decision; consequently the High Court's quashing of the first resource consent and its costs orders was wrongful and the first consent is restored and specified costs orders in the Court of Appeal are made.

New Zealand Case Law

FRASER v CENTRAL HAWKE’S BAY DISTRICT COUNCIL [2021] NZHC 2981

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2019] NZSC 73

PALMERSTON NORTH CITY COUNCIL V DURY & ORS CA CA198/06