21 Jun 2023
The proceeding was not one of public interest under r 14.7(e); however r 14.7(d) applied because Southern Cross pursued a number of unsuccessful issues that significantly increased the respondents' costs, warranting a 20% reduction of the otherwise applicable 2B costs; disbursements were awarded in full.
17 Apr 2014
The Supreme Court granted leave to appeal because the appeals raised matters of public importance and novel questions of law under the RMA — specifically the legal status of NZCPS policies in relation to ss 66 and 67 and the interplay between the precautionary principle and adaptive management — and exceptional circumstances justified a direct hearing in this Court rather than remittal to the Court of Appeal.
4 Apr 2014
The Court found a material change in circumstances (re-zoning from heavy industrial to mixed use) that caused the covenant to impede reasonable use in an unforeseen way; the proposed modification would not substantially injure the respondent because it holds a five‑year certificate of compliance and applicants undertook not to withhold approval of respondent's consented plans; on balancing the public and private interests the Court exercised its discretion to modify the covenant (rather than extinguish) as set out in the amended form.
17 May 2010
The High Court upheld the Environment Court: the Waimauku Structure Plan process, although non‑statutory, constituted detailed, public consideration of the same substance within two years so clause 25(4)(b) applied; given the timing and the risk of undermining the structure plan and public participatory processes, the request did not accord with 'sound resource management practice' under clause 25(4)(c); hence the Council's rejection was justified and the Environment Court's decision was correct.