9 Mar 2009
KAWARAU JET SERVICES HOLDINGS LIMITED V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR HC INV CIV-2008-425-000518
- Citation
- openlaw-9b53e479_aba0_40ae_8c8d_3fb47e3fa931.pdf
- Court
- High Court
The Council unlawfully granted a non‑notified resource consent because it failed to obtain written approval from an affected party (Kawarau Jet) under s94(1) RMA; the procedural illegality was serious, Kawarau Jet was not disentitled to relief, Maritime New Zealand's safety assessments did not supplant the consent authority's statutory responsibilities, and no special circumstances justified withholding the ordinary remedy of quashing and reprocessing; accordingly the notification decision and consent were declared invalid, set aside and the matter remitted to the Council to reconsider after…