New Zealand Case Law: Decisions & Judgments

Topic

Effects assessment

Legal area

Court

9 Jun 2021

LAKE TEKAPO COMMUNITY & FRIENDS INC v MACKENZIE DISTRICT COUNCIL [2021] NZHC 1354

Citation

[2021] NZHC 1354
Court

High Court

The Council lawfully assessed notification and the substantive application using a s42A report, expert assessments and peer review, and relied on officers' and consultants' local knowledge; it considered the receiving environment and matters of non-compliance (parking surfacing and crossing width), concluded effects would be less than minor, and there was no reviewable error warranting quashing of the 2017 non-notification and consent decisions; discretionary relief was refused given delay and prejudice to the developer.
10 Jul 2020

TRILANE INDUSTRIES LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2020] NZHC 1647 [10 July 2020]

Citation

(2020) 21ELRNZ 956
Court

High Court

The Court held the Council erred in law by failing to have proper regard to acknowledged temporary moderate adverse landscape and visual effects and by discounting those interim effects on the basis they would be mitigated over time; the notification and consent decisions were set aside and remitted for a fresh notification decision.
14 Dec 2018

KAWAU ISLAND ACTION INC SOCIETY v AUCKLAND COUNCIL [2018] NZHC 3306

Citation

(2018) 20 ELRNZ 848
Court

High Court

The Council's notification decision was quashed because it proceeded on inadequate and insufficiently tested information and failed to take into account directly relevant considerations: it did not properly assess potential amenity and safety effects of helicopter operations on members of the public using the beach, its noise assessment disregarded important aspects (temporary intense Lmax impacts and effects on public beach users) and relied impermissibly on mitigation conditions that did not demonstrably exclude adverse effects, and it wrongly concluded there were no special circumstances;…
10 Jun 2013

HANNA v WHANGANUI DISTRICT COUNCIL [2013] NZHC 1360

Citation

(2013) 17 ELRNZ 314
Court

High Court

The Council's notification decision was unlawful and irrational because it was based on inadequate information, failed to take proper account of effects on adjoining neighbours, and misapplied the permitted baseline in s95E(2)(a); consequently the notification decision and the consequent resource consent were quashed and the matter remitted for fresh consideration by an independent planning expert.
24 Aug 2012

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED V BULLER COAL LIMITED HC CHCH CIV 2012-409-000972

Citation

openlaw-d9e97a20_327f_4650_82e8_5c7dd3793daa.pdf
Court

High Court

The Amendment Act 2004 removed the jurisdiction of local consent authorities to consider, under s 104(1)(a) or s 7(i), the effects on climate change of greenhouse gas emissions from the end use (combustion) of coal extracted under land‑use consents, except to the extent provided by a national environmental standard (and subject to the narrow renewable energy exception); extra‑territorial emissions from exported coal are not justiciable under the RMA.
20 Dec 2007

PAPAKURA DISTRICT COUNCIL V BALLANTYNE HC AK CIV 2006-404-03234

Citation

openlaw-8a4687aa_9320_42f1_8a49_6c075af91e84.pdf
Court

High Court

The High Court held that the Environment Court did not err in law: the proposal is not necessarily 'urban development' given the defined indicia and the degraded fringe context; alternatively, even if urban, it would not compromise the ARPS strategic objectives; the activity is discretionary under the District Plan and the s104(2) permitted baseline comparison was properly and non‑fancifully applied, so the appeals were dismissed.

New Zealand Case Law

LAKE TEKAPO COMMUNITY & FRIENDS INC v MACKENZIE DISTRICT COUNCIL [2021] NZHC 1354

TRILANE INDUSTRIES LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2020] NZHC 1647 [10 July 2020]

KAWAU ISLAND ACTION INC SOCIETY v AUCKLAND COUNCIL [2018] NZHC 3306

HANNA v WHANGANUI DISTRICT COUNCIL [2013] NZHC 1360

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED V BULLER COAL LIMITED HC CHCH CIV 2012-409-000972

PAPAKURA DISTRICT COUNCIL V BALLANTYNE HC AK CIV 2006-404-03234