17 Jul 2017
AUCKLAND COUNCIL v WENDCO (NZ) LIMITED [2017] NZSC 113
- Citation
- [2017] 1 NZLE 1008
- Court
- Supreme Court
The Supreme Court held rr 8.12.2.1 and 8.25.1.1 of the Manukau Operative District Plan encompass on-site parking and internal circulation effects as matters over which discretion is reserved, so such on-site adverse effects could not be disregarded under s 95E(2)(b); applying the Discount Brands adequacy standard the Council had, on the facts and material before it, engaged with on-site effects and had sufficient evidence to rationally conclude Wendy's adverse effects were less than minor, so the non-notification decision was lawful and the High Court judgment reinstated.