18 Dec 2014
TW REED ESTATE & ANOR v FAR NORTH DISTRICT COUNCIL [2014] NZHC 3328
- Citation
- [2014] NZHC 3328
- Court
- High Court
The High Court held the Environment Court did not err in law: it did not apply a novel 'heritage landscape' construct but lawfully applied s6(f) to protect the surroundings/curtilage of listed heritage items; the factual findings supported the Environment Court's conclusion that PC12's restrictions were justified despite limited built heritage on appellants' land; economic effects were considered though unquantified; the 15m setback was a legitimate planning control when justified for heritage protection; appeal dismissed.