30 Sept 2019
KILMARNOCK FARM LTD v CANTERBURY REGIONAL COUNCIL [2019] NZHC 2467
- Citation
- (2019) 21 ELRNZ299
- Court
- High Court
Despite an acknowledged factual error on one technical element (approach velocity), the High Court held the Environment Court's overall factual conclusion was open on the evidence: Kilmarnock failed to substantially and reasonably comply with the material establishment conditions (notably failure to provide required design and operation documentation and absence of specific evidence on positioning/orientation/sweep velocity), and therefore the consents were not 'given effect to' and lapsed under s125 RMA; this did not amount to an error of law.