17 Dec 2020
GERTRUDE’S SADDLERY LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2020] NZHC 3387
- Citation
- [2020] NZHC 3387
- Court
- High Court
The High Court held the Environment Court erred in law by relying on the breadth of Upper Clutha's original submission rather than the narrower relief in its notice of appeal and by taking an irrelevant fairness consideration into account; the Upper Clutha appeal did not validly raise deletion of the ONL boundary around the Shotover Loop nor did it seek rezoning/UGB alteration as a reasonably foreseeable logical consequence, therefore the Environment Court's decision allowing the Society to pursue those matters under its s274 notice was set aside.