New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Part 2 rma s6(f)
  • 15 Aug 2018

    Mills v Far North District Council [2018] NZHC 2082

    Citation
    (2018) 20 ELRNZ 453
    Court
    High Court

    Court found the council failed to take into account specific District Plan objectives and policies in chapter 12.5 (rr 12.5.3.4, 12.5.4.1, 12.5.4.11) and did not have adequate and reliable information to properly decide notification and consent (reliance on applicant evidence and Heritage NZ advice founded on incomplete elevations). Those reviewable errors were established. Despite that, the Court exercised its discretion to decline relief because of delay, the applicants' late challenge after near-completion, and significant prejudice to respondents; consequently relief was refused though er…