21 Dec 2018
WATERFRONT WATCH INCORPORATED v WELLINGTON CITY COUNCIL [2018] NZHC 3453
- Citation
- [2018] NZHC 3453
- Court
- High Court
The High Court held the Environment Court did not err in law: Policy 12.2.6.7 and its explanatory note were properly applied; Viewshaft 11 protects the view corridor to Frank Kitts Park and the Monastery rather than insulating every internal attribute of the Park, no intrusion into the defined viewshaft margins was demonstrated, the Environment Court legitimately considered wider effects under s104 and Part 2 RMA and properly weighed positive and negative effects, and there was no basis to remit the matter.