26 Oct 2011
MAWHINNEY AS TRUSTEE OF THE WAITAKERE FOREST LAND TRUST AND SUCCESSORS V AUCKLAND COUNCIL HC AK CIV 2010-404-000063
- Citation
- openlaw-a4e26f8f_881b_4e0c_ba87_0dc8ea5e7dfe.pdf
- Court
- High Court
High Court dismisses appeal: the Environment Court's 2003 interim decision contained final determinations on key substantive issues which were not appealed within the statutory period and are therefore final; the 2010 Environment Court decision lawfully dismissed the appeal because the council's proposed Dilworth Special Area quid pro quo (vegetation/protection measures) was found to be unworkable given fragmented and changing land ownership; factual assessments of workability are for the Environment Court and not reversible on this s299 legal appeal absent error of law.