18 Nov 2019
SPEARGRASS HOLDINGS LTD & ORS v VAN BRANDENBURG & ORS [2019] NZCA 564
- Citation
- (2019) 21 ELRNZ 466
- Court
- Court of Appeal
The Court dismissed the appeal. Although the Council made a legal error in assessing the permitted baseline for RM130766, the High Court properly exercised its discretion to refuse judicial review relief because Speargrass unreasonably delayed bringing the claim and that delay caused real prejudice to the Flax Trust (wasted costs and reliance from subsequent proceedings); the substantive RMA issues about mound height and configuration should be addressed in the Environment Court or by fresh RMA process. The PLA claim for removal was refused because, while the as-built mound unduly affected re…