11 Jul 2008
MICHAEL SPACKMAN V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR CA CA193/07
- Citation
- openlaw-098206b0_ce70_4149_80ad_fe890d23d71e.pdf
- Court
- Court of Appeal
The High Court erred in severing lot two from the remainder of the subdivision and erred in effectively imposing clause 8(o) on the consent notice; however, in the exercise of this Court's discretion the appeal is dismissed because although the High Court's legal characterisations were incorrect, the Court will not remit the whole matter to the Council given significant delay, prejudice and financial hardship to the respondents and the practical consequences of titles having been issued.