27 Feb 2019
GOCK v AUCKLAND COUNCIL [2019] NZHC 276
- Citation
- (2019) 21 ELRNZ 1
- Court
- High Court
The High Court concluded the Environment Court erred in law by misconstructing RPS policy B2.2.2(2)(j) (elite and prime soils) and by failing properly to assess the significance of the soils in the s32 evaluation; those errors were material to the outcome. The remaining grounds (s148 scope, ONF/coastal protective regime as applied, structure plan guideline consideration, quarry‑zone option and Mana Whenua treatment) did not establish material legal error warranting reversal. The appeals were allowed in part and further submissions/directions ordered to determine appropriate relief and potenti…