21 Jul 2023
POINT CHEVALIER SOCIAL ENTERPRISE TRUST v AUCKLAND COUNCIL [2023] NZHC 1926
- Citation
- [2023] NZHC 1926
- Court
- High Court
The Court dismissed the judicial review challenge: the Council correctly applied the s95A/B/E notification tests and s104 substantive tests, reasonably treated the land use and subdivision consents as separable for notification because effects were assessed in the land use consent, legitimately considered mitigation and countervailing heritage measures (including the pumphouse covenant) rather than prohibited offsets, had adequate information to assess adverse effects, properly treated HNZPT's views as relevant to affected‑person analysis, and did not act irrationally or unreasonably; no NZBO…