12 Feb 2016
MARCHE LIMITED & ANOR v AUCKLAND COUNCIL & ANOR [2016] NZHC 145
- Citation
- [2016] NZAR 542
- Court
- High Court
The notification decision was quashed because the Commissioners provided inadequate reasons, displayed a real risk of error of law in treating District Plan rule 4.3.2.6 as overriding s95A(4) and relied on a templated decision without demonstrating consideration of relevant factors; the procedural defect required quashing of the notification and consequent substantive decision and remitting the application for fresh consideration with proper reasons.