30 Sept 2021
CABLE BAY WINE LIMITED v AUCKLAND COUNCIL [2021] NZHC 2596
- Citation
- [2021] NZHC 2596
- Court
- High Court
The High Court dismissed Cable Bay's appeal and declined judicial review, holding the Environment Court did not err in law: s108AA did not apply to the 2017 application, the Environment Court's imposition of conditions was within its jurisdiction because conditions were for planning purposes and logically connected to the proposed veranda use and associated noise and amenity effects, Cable Bay's election to accept replacement noise limits was voluntary and not procured by a denial of natural justice, and 85 Church Bay Road could properly be treated as a separate site for notional boundary noi…