13 Jul 2012
ACTION FOR ENVIRONMENT INC V WELLINGTON CITY COUNCIL AND ANOR HC WN CIV-2011-485-2486
- Citation
- openlaw-5ef814ea_1e33_4511_872d_1e4629109e8d.pdf
- Court
- High Court
The Environment Court did not err in law: the District Plan, Management Plan and Trust Deed, properly interpreted, do not legally prohibit buildings for indoor recreational uses on the Town Belt; questions about the Council's power as trustee or statutory land‑use constraints under reserve statutes are legal matters outside the RMA consent assessment and for the landowner/Minister where necessary; accordingly the appeal is dismissed.