21 Dec 2018
NORTH EASTERN INVESTMENTS LIMITED AND HERITAGE LAND LIMITED v AUCKLAND COUNCIL [2018] NZCA 629
- Citation
- [2018] NZCA 629
- Court
- Court of Appeal
The Court held that although the Panel had power to receive material, fairness required the Panel to notify North Eastern that it might rely on Ms Conner's statement after the Council had indicated it would not call her; North Eastern was thereby denied a real opportunity to respond and that procedural unfairness required setting aside the Panel's recommendations and the Council decision in respect of the Albany 5 Precinct and the proposed Albany 5 Sub-Precinct B Business—Mixed Use and directing a re-hearing and re-decision under the LGATPA.