20 Nov 2014
SADDLE VIEWS ESTATE LIMITED v DUNEDIN CITY COUNCIL [2014] NZHC 2897
- Citation
- (2014) 18 ELRNZ 97
- Court
- High Court
High Court allowed the appeal, set aside the Environment Court's declaration that the quarry was unauthorised, because the Environment Court erred in law by (1) relying on an unpleaded finding of conflict of interest without giving parties opportunity to address it, and (2) improperly discounting the Edwards letter by assuming the Council lacked power to impose conditions in the early 1960s; when those errors removed, the contemporaneous Edwards letter and 1973 council minutes raised a reasonable possibility that a consent had been granted and the Council failed to prove on the balance of pro…