New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Quarry consents
  • 30 Nov 2018

    HAREWOOD GRAVELS COMPANY LIMITED v CHRISTCHURCH CITY COUNCIL & ANOR [2018] NZHC 3118

    Citation
    [2018] NZHC 3118
    Court
    High Court

    The High Court found one discrete legal error in the Environment Court's reliance on its own experience to treat a 3 dB traffic‑noise increase as per se 'noticeable' absent supporting expert evidence, but held that error did not materially affect the outcome. The Environment Court's primary decision to decline consent was upheld: HGL failed to discharge the persuasive evidential burden under s104D to show adverse effects would be minor or that the proposal was not contrary to District Plan objectives and policies, given inadequate baseline evidence and credible findings of more‑than‑minor cum…