10 Feb 2021
LYSAGHT v WHAKATANE DISTRICT COUNCIL [2021] NZHC 68
- Citation
- (2021) 22 ELRNZ383
- Court
- High Court
The High Court held the council's non-notification and grant of consent was lawful and reasonable in relation to traffic effects on owners of the Māori Roadway (effects were less than minor and median strip effects could be treated under the permitted baseline), and conditions precedent requiring road upgrades on third party land were valid; however the council breached a legitimate expectation to engage with Te Rūnanga o Ngāti Awa and failed to adequately assess pedestrian (including child) safety effects, so the decision to grant consent on a non-notified basis is set aside and the council…