27 Oct 2020
JOLLY v CENTRAL OTAGO DISTRICT COUNCIL [2020] NZHC 2808
- Citation
- [2020] NZHC 2808
- Court
- High Court
Because the Commissioner’s process was complete, the late introduction of a compromise on Jolly Road sealing deprived the Trust of an opportunity to be heard and the evidence demonstrated that there was effectively no other lawful decision the Commissioner could have made consistent with proper procedural fairness and mitigation of dust, and because remitting would be impractical and the parties consented, the High Court may and should substitute its decision by consent to amend conditions 4A and 4B to extend sealing to the specified point.