20 Jun 2017
THE STRAITS PROTECTION SOCIETY INCORPORATED v AUCKLAND COUNCIL [2017] NZHC 1351
- Citation
- [2017] NZHC 1351
- Court
- High Court
The IHP's recommendation relocating the RUB to the district plan, which had the effect of removing the RUB from Waiheke Island, was beyond the scope of the submissions because it could not have been reasonably foreseen; the IHP should have identified the recommendation as out of scope under s144(8)(a) LGATPA 2010, and failure to do so denied submitters the statutory right of appeal under s156(3)(b); a declaratory remedy and procedural directions were therefore appropriate.