10 Dec 2020
SIMONS PASS STATION LIMITED v MACKENZIE DISTRICT COUNCIL [2020] NZHC 3265
- Citation
- [2020] NZHC 3265
- Court
- High Court
The High Court held that the Environment Court did not err in law in interpreting 'granted' in Rule 15A.2.1 to mean 'granted and commenced' in the s116 Resource Management Act sense because the immediate context was ambiguous, the broader context and purpose of the plan change (to protect Mackenzie Basin landscape values), the history and limits on the Environment Court's scope when making the plan change, and considerations of fairness supported reading the rule to capture only permits where appeals were resolved or the consent had otherwise commenced by 14 November 2015, an available and ra…