30 Oct 2009
POWER AND THE STERLING TRUST V WHAKATANE DISTRICT COUNCIL AND ORS HC TAU CIV 2008-470-456
- Citation
- openlaw-44f3cc63_74db_4fd7_9112_b5437814cd46.pdf
- Court
- High Court
The Environment Court did not err in declining jurisdiction over the Alternative because it constituted a new planning technique not fairly and reasonably raised by the submissions or references, risked affecting interests of persons not before the Court and had wider precedent implications; omission to expressly address s 293 was not unlawful given the discretionary nature of that power and the weakness of any s 293 case; only corrective variation was warranted substituting a seven metre frontage limit for the six metre figure; otherwise the Environment Court's decision stands.