19 Dec 2008
GENERAL DISTRIBUTORS LTD V WAIPA DISTRICT COUNCIL HC AK CIV 2008-404-004857
- Citation
- openlaw-3fc7c18b_f879_4b96_a18b_cd5c1cadb502.pdf
- Court
- High Court
The Environment Court erred as a matter of law in approving an amendment to the explanation to objective C04 that was not fairly and reasonably raised in the notified plan change or submissions; however s 74(3) properly requires disregard of trade competition and effects ordinarily associated with it, with only significant consequential social/economic effects beyond normal trade competition being relevant; any jurisdictional error was rendered immaterial because the Environment Court indicated it would have invoked s 293 to direct the Council to make the amendment, and therefore the appeal i…