10 Apr 2019
VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL & ORS [2019] NZCA 100
- Citation
- [2019] NZCA 100
- Court
- Court of Appeal
The Council issued the certificate without sufficient information to determine compliance with the District Plan earthworks limits because the application and supporting material did not reliably establish the extent of cut/fill/berms and the certificate's number of bays exceeded what could be achieved within plan earthworks thresholds; on that basis the certificate was unlawfully issued and the appeal is allowed and the certificate set aside. Other challenges (noise, discharge under ALWP, and remedy concerning the existing building) were rejected or found remediable, but the earthworks infor…