4 May 2023
AUCKLAND YACHT AND BOATING ASSOCIATION INCORPORATED v AUCKLAND COUNCIL [2023] NZHC 1047
- Citation
- [2023] NZHC 1047
- Court
- High Court
The interim application was dismissed because the applicant failed to establish that an interim order was reasonably necessary to preserve its position: the biosecurity risk was contested and not shown to be immediate or insurmountable, Auckland Council offered to preserve key infrastructure (paved area and filtration) which preserved the status quo, and the interim relief sought would effectively require the court to extend or impose commercial arrangements (beyond permissible interim remedies). On balance discretionary factors weighed against granting interim relief.