6 Aug 2019
AUCKLAND COUNCIL v CABRA RURAL DEVELOPMENTS LTD [2019] NZHC 1892
- Citation
- (2019) 21 ELRNZ 185
- Court
- High Court
The High Court held that the Environment Court committed legal error by failing to consider and give effect to NZCPS Policies 13 and 15 and by failing to give proper effect to relevant RPS provisions, and by misapplying activity-status principles under the RMA and the AUP; those errors were material and required the Environment Court's decision to be set aside and the matter remitted for reconsideration. The Court rejected the Council's challenge to the Environment Court's interpretation of Policy 11 and its treatment of cumulative effects as legal error.