New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appeal to environment court

Legal area

Court

8 Mar 2017

WALLACE GROUP LIMITED v AUCKLAND COUNCIL [2017] NZHC 372

Citation

[2017] NZHC 372
Court

High Court

The IHP recommendation was outside the scope of submissions and was not identified as such for s144(8); the Council's adoption amounted to adopting a recommendation beyond the scope under s156(3)(b); accordingly WGL may lodge an appeal to the Environment Court under s156(3) within 20 working days.
8 Mar 2017

STRAND HOLDINGS LIMITED v THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL [2017] NZHC 371

Citation

[2017] NZHC 371
Court

High Court

The IHP recommendation to relocate the Dilworth Terraces View Protection Plane was outside the scope of submissions and the Auckland Council's decision to adopt that recommendation amounted to adopting a recommendation beyond the scope for the purposes of s156(3)(b) of the Act; the appropriate remedy is declaratory relief and permission for SHL to lodge an appeal to the Environment Court within a limited time frame.