19 Aug 2010
EMPIRE ENTERTAINMENT LTD V ELLZIN TRUST AND VICKI VULETA TRUST AND ORS HC AK CIV-2010-404-002832
- Citation
- openlaw-72a005b4_5c76_4e22_9ff0_f52cdd4fe0bf.pdf
- Court
- High Court
The High Court held that the Environment Court erred in applying s16 pre-emptively at the resource consent assessment stage and in treating noise from smokers on the footpath as noise emitted from the applicant's land; the Smoke-free Environments Act does not impose a positive duty to provide on-site smoking areas; the Environment Court also failed to apply the permitted baseline under s104(2) properly and therefore did not complete the required s104 balancing. The Environment Court's decision was set aside and remitted for reconsideration.