25 Jul 2017
SADDLE VIEWS ESTATE LIMITED v DUNEDIN CITY COUNCIL [2017] NZHC 1727
- Citation
- (2017) ELRNZ 144
- Court
- High Court
The High Court held the Environment Court had jurisdiction to make a declaration resolving the current scope of the 1960 consent (declaration 1) because establishing the historical consent terms was necessary to determine present rights under the RMA, and the factual finding that the 1960 consent was limited (c.50,000 cubic yards for the airport) was open on the evidence. However declarations 2 and 3 were hypothetical, unnecessary and therefore beyond the proper exercise of s313 discretion and are set aside. The High Court further found no issue estoppel arose from the earlier High Court deci…