27 Oct 2023
SOUND (SAVE ONERAHI FROM UNDUE NOISE DISTURBANCE) INC v WHANGAREI DISTRICT COUNCIL [2023] NZHC 2988
- Citation
- [2023] NZHC 2988
- Court
- High Court
The Council's two decisions were in‑principle, not final determinations; they contained no material error of law because RMA ss 16 and 17 are duties on occupiers (Nest would be occupier if leased) and the Council was entitled to assume lawful operation subject to Nest meeting statutory and District Plan requirements; the Council complied with Part 6 LGA obligations in the course of decision‑making (including establishing and engaging the noise committee and public engagement) and the decisions were not Wednesbury unreasonable.