2 Aug 2013
BAILEY v CHRISTCHURCH CITY COUNCIL [2013] NZHC 1933
- Citation
- [2013] 3 NZLR 679
- Court
- High Court
The Council's decision not to consult was unlawful because s 79 requires the method of considering affected persons' views to be largely proportionate to the significance of the decision; the decision rested on the erroneous premise that affected owners' views could be dealt with after the decision (via s 181/Schedule 12) and it materially understated the significance of intrusion on private property rights; accordingly the March 14 2012 decision must be reconsidered with an opportunity for the applicant to present his views.