17 May 2010
MALORY CORPORATION LIMITED V RODNEY DISTRICT COUNCIL HC AK CIV-2009-404-005572
- Citation
- openlaw-d6ee5d23_8676_4fbd_ad70_9d7cd22dad35.pdf
- Court
- High Court
The High Court upheld the Environment Court: the Waimauku Structure Plan process, although non‑statutory, constituted detailed, public consideration of the same substance within two years so clause 25(4)(b) applied; given the timing and the risk of undermining the structure plan and public participatory processes, the request did not accord with 'sound resource management practice' under clause 25(4)(c); hence the Council's rejection was justified and the Environment Court's decision was correct.