22 Dec 2021
BRIAL v QUEENSTOWN LAKES DISTRICT COUNCIL [2021] NZHC 3609
- Citation
- (2021) 23 ELRNZ 529
- Court
- High Court
The High Court held the Environment Court did not err in law: it properly gave significant weight to the PDP's 80 ha regime but correctly did not treat Policy 24.2.1.1 as an absolute bar to consent; the Environment Court applied the correct s 104D and s 104 approaches, genuinely had regard to relevant ODP and PDP provisions for the community-scale interim issues, and properly deferred neighbour-specific consent notice cancellation matters to the final hearing; the appeal was dismissed.