5 Jun 2020
MT WELLINGTON RACE PARK CLUB INC v AUCKLAND COUNCIL [2020] NZHC 1245
- Citation
- [2020] NZHC 1245
- Court
- High Court
The property is not a 'park' under s138 because it was acquired and held principally for roading purposes and interim recreational use by a private lessee did not convert its principal purpose into parkland; accordingly s138 did not require consultation and the application for judicial review is dismissed; additionally, even if an error had been made relief would be refused because of substantial prejudice to ITC as an innocent third party.