2 May 2014
LAMBTON QUAY PROPERTIES NOMINEE LIMITED v WELLINGTON CITY COUNCIL [2014] NZHC 878
- Citation
- [2014] NZHC 878
- Court
- High Court
Appeal allowed: Environment Court applied an incorrect test by requiring alternatives to demolition to be "exhaustively and convincingly excluded" rather than assessing whether it was convinced there was no reasonable alternative, and failed to reconcile and take adequate account of the Building Act earthquake-prone regime and the realistic public safety risks of leaving the building in situ; matter remitted for rehearing with directions to apply correct test and consider public safety and surrounding building risk.