28 Jun 2017
VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 1457
- Citation
- [2017] NZHC 1457
- Court
- High Court
Two material legal errors justified judicial intervention short of quashing: (1) the application objectively failed to disclose an existing 84 m2 building relevant to the permitted activity classification, and (2) the Council did not transparently assess discharges of lead to land in relation to s 15 RMA and applicable plan rules; other challenges (noise methodology, wastewater, participant numbers, earthworks) were either adequately addressed, contextually remediable or evaluative matters for the Council, so the certificate is referred back for reconsideration rather than quashed.