30 Jun 2017
VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 1492
- Citation
- [2017] NZHC 1492
- Court
- High Court
The certificate of compliance was flawed procedurally but because the errors were minor or mitigated by undertakings and the applicants acted in good faith, the proper remedy was to direct the Auckland Council to reconsider the decision under s 139 RMA while leaving the certificate in effect pending that reconsideration pursuant to s 4(5C) Judicature Amendment Act 1972; reconsideration must be on the basis of the planning instruments at the date of the application.