9 Sept 2009
BAYSWATER MARINA HOLDINGS LTD V NORTH SHORE CITY COUNCIL AND ANOR HC AK CIV 2009-404-1730
- Citation
- openlaw-90953aa1_da1c_4de5_a8b4_42f006978cd1.pdf
- Court
- High Court
Heath J adopted Judge Sheppard's reasoning in Northland Port Corporation and held that a s245 certificate delineating reclaimed land transfers jurisdiction to the territorial authority and ends the application of the deemed coastal permit to the reclaimed land; however the Environment Court's substantive planning conclusion (that Variation 65 should be preferred over BML's proposal) was unaffected by any error and therefore the appeal was dismissed.