10 Jun 2013
HANNA v WHANGANUI DISTRICT COUNCIL [2013] NZHC 1360
- Citation
- (2013) 17 ELRNZ 314
- Court
- High Court
The Council's notification decision was unlawful and irrational because it was based on inadequate information, failed to take proper account of effects on adjoining neighbours, and misapplied the permitted baseline in s95E(2)(a); consequently the notification decision and the consequent resource consent were quashed and the matter remitted for fresh consideration by an independent planning expert.