23 Mar 2023
THE CANYON VINEYARD LTD v CENTRAL OTAGO DISTRICT COUNCIL [2023] NZCA 74
- Citation
- [2023] NZCA 74
- Court
- Court of Appeal
Leave to appeal was declined because the proposed questions of law were not arguable as matters of general or public importance or as demonstrating a miscarriage of justice: (1) the courts had considered and properly rejected individual kaitiaki evidence on evidential grounds, not by applying an incorrect legal rule; (2) the High Court and Environment Court correctly interpreted 'maintain' and 'contrary to' in the plan and RMA context such that the proposal was not contrary to objectives/policies; and (3) the omission of the mound was an accidental clerical error capable of correction by the…