21 Apr 2011
PASCOE PROPERTIES LIMITED V NELSON CITY COUNCIL HC NEL CIV-2011-442-126
- Citation
- openlaw-64621952_a0de_4b29_9e9a_1f2615a5afc6.pdf
- Court
- High Court
Because the Montgomery Carpark was acquired and held as a public carpark (including targeted-rate funding and designation) the proposed pocket park and related works constituted a departure from the land's present use, engaging s78 obligations and creating a legitimate expectation of consultation; the consultation undertaken was inadequate (decision-makers did not properly consider submissions) and accordingly the Council failed to properly consult, warranting interim relief directing reconsideration with proper consultation.