5 Jul 2017
DUGGAN AND ROGERS v AUCKLAND COUNCIL & ANOR [2017] NZHC 1540
- Citation
- (2017) 20 ELRNZ 31
- Court
- High Court
The Council did not act ultra vires: the application remained for land use consent and s88A protected its activity status; the decision‑maker properly had regard to the PAUP Decisions Version and relevant WRHA Act provisions, considered relevant evidence and assessments, applied the correct legal tests for notification and the non‑complying gateway, and no reviewable error or unreasonableness was established, therefore the plaintiffs' judicial review challenge fails.