New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bundling of consents

Legal area

Court

29 Nov 2023

WAIPAPA BAY PROTECTION SOCIETY INCORPORATED v ARIKI TAHI SUGARLOAF WHARF LTD [2023] NZHC 3379

Citation

[2023] NZHC 3379
Court

High Court

The Panel erred by not expressly applying a bundled approach to the s104D gateway tests; however the error was harmless because the Panel and the comprehensive AEE substantively assessed the project against the objectives and policies of the Proposed Plan and would inevitably reach the same conclusion on the policy gateway (s104D(1)(b)); other alleged errors (Policy 10 application and insupportable effects findings) were not established and the Panel's decision is upheld without remittal.
22 May 2013

NEWBURY HOLDINGS LIMITED & ANOR V AUCKLAND COUNCIL HC AK CIV 2011-404-008098

Citation

openlaw-a019aace_6d97_4b7b_9f2f_cf74d650d1e1.pdf
Court

High Court

The High Court held the Environment Court did not commit an error of law in its substantive decision: the Council had not adopted a definitive position, the Environment Court was entitled to form its own evaluative judgment and to bundle overlapping district and regional consents, parties had sufficient opportunity to be heard, and conditions imposed did not render consents nugatory. The Environment Court erred in form by not expressly deciding the s85 application but that omission was not material to the outcome. The costs award was quashed because the Environment Court improperly relied on…