20 Jun 2013
NEW ZEALAND WINDFARMS LIMITED v PALMERSTON NORTH CITY COUNCIL [2013] NZHC 1504
- Citation
- [2013] NZHC 1504
- Court
- High Court
The High Court held that the NIAR's SPL and SAC predictions were inputs describing how the predicted received noise levels would be achieved and were not separate scope limits enforceable in addition to the specific noise limits; condition 1 must be read in context to require operation within the noise limits set by condition 4 (40dBA L95 or background+5dBA) and thus the Environment Court declaration that condition 1 was breached for operating contrary to the NIAR predictions was set aside; s128 remains available to review consent conditions given inaccuracies in the application.