8 May 2008
ARC V ROMAN CATHOLIC DIOCESE OF AUCK HC AK CIV 2007-404-002019
- Citation
- openlaw-79bb3990_e9f1_4379_8beb_1bc4ace3f7c3.pdf
- Court
- High Court
The High Court dismissed the appeal: the Environment Court did not err in law. In a resource consent hearing inconsistency between a Regional Policy Statement and a District Plan is to be treated as a factor under s104 (not as a s75 remaking exercise) and the Environment Court was entitled to give substantial weight to the Policy Statement while still balancing all s104 matters. On remittal the Environment Court was confined to fresh consideration of the matters identified by the High Court using the evidence before it and was not obliged to admit evidence of plan changes notified after the f…