30 Nov 2018
HAREWOOD GRAVELS COMPANY LIMITED v CHRISTCHURCH CITY COUNCIL & ANOR [2018] NZHC 3118
- Citation
- [2018] NZHC 3118
- Court
- High Court
The High Court found one discrete legal error in the Environment Court's reliance on its own experience to treat a 3 dB traffic‑noise increase as per se 'noticeable' absent supporting expert evidence, but held that error did not materially affect the outcome. The Environment Court's primary decision to decline consent was upheld: HGL failed to discharge the persuasive evidential burden under s104D to show adverse effects would be minor or that the proposal was not contrary to District Plan objectives and policies, given inadequate baseline evidence and credible findings of more‑than‑minor cum…