21 Jun 2021
FROST v QUEENSTOWN LAKES DISTRICT COUNCIL [2021] NZHC 1474
- Citation
- [2021] NZHC 1474
- Court
- High Court
Court found reviewable error: the Council misapplied the statutory test for affected persons in respect of vegetation removal (used 'not more than minor' instead of 'less than minor') and wrongly treated a registered consent notice as equivalent to a site standard when cancelling it; as a result the cancellation decision (notification and substantive) was quashed and the consent notice reinstated, but the Court declined to quash the land use consent in the exercise of its discretion given prejudice and factual circumstances.