11 Oct 2017
SYDNEY ST SUBSTATION LTD v WELLINGTON CITY COUNCIL [2017] NZHC 2489
- Citation
- [2017] NZHC 2489
- Court
- High Court
The Council materially erred by relying on an 'anticipated development model' baseline to assess CADG and r 13.3.4 matters, by inadequately applying CADG guideline G3.5 and by unjustifiably downplaying the heritage advisor's conclusions; consequently the notification decision was flawed (SSL was an affected person and should have been limited notified) and the substantive resource consent decision was legally defective; the decisions dated 14 October 2016 were set aside.