9 May 2018
SPEARGRASS HOLDINGS LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2018] NZHC 1009
- Citation
- (2018) 20ELRNZ 645
- Court
- High Court
The Environment Court's grant of retrospective variation authorising the as‑built higher mound was set aside because the Environment Court erred as a matter of law in treating unregistered variations to Speargrass's consent notice as excluding the existing buildings from the receiving environment under s104(1)(a). The Council made an error in calculating the permitted baseline for earthworks, rendering its notification decision vulnerable, but judicial review relief was refused in the exercise of discretion because of unreasonable delay and prejudice to the applicant (Flax Trust) arising from…