14 Dec 2018
KAWAU ISLAND ACTION INC SOCIETY v AUCKLAND COUNCIL [2018] NZHC 3306
- Citation
- (2018) 20 ELRNZ 848
- Court
- High Court
The Council's notification decision was quashed because it proceeded on inadequate and insufficiently tested information and failed to take into account directly relevant considerations: it did not properly assess potential amenity and safety effects of helicopter operations on members of the public using the beach, its noise assessment disregarded important aspects (temporary intense Lmax impacts and effects on public beach users) and relied impermissibly on mitigation conditions that did not demonstrably exclude adverse effects, and it wrongly concluded there were no special circumstances;…