20 Oct 2017
K I COMMERCIAL LIMITED V CHRISTCHURCH CITY COUNCIL [2017] NZCA 480
- Citation
- [2017] NZCA 480
- Court
- Court of Appeal
The Court held there was no arguable error of law in the High Court's findings: the Panel did not breach natural justice because KIC had adequate opportunity to file rebuttal evidence and bore the onus to present sufficient evidence for a site‑specific exemption; 'existing' in Objective 15.1.3 refers to circumstances at the time of the Panel's decision; consequently the proposed fresh evidence was irrelevant and leave to adduce it and leave to appeal were declined.