19 Jun 2015
URBAN AUCKLAND v AUCKLAND COUNCIL [2015] NZHC 1382
- Citation
- (2015) 18 ELRNZ 792
- Court
- High Court
The Court held the notification decisions were unlawful because the council erred in failing to bundle overlapping consent applications (the most restrictive discretionary activity under the Proposed Plan made notification necessary) and, alternatively, the commissioners misdirected themselves by treating controlled-activity status as determinative of the absence of special circumstances; therefore the non-notified consents were set aside. The Court also held no additional consent was required under Proposed Plan r 3.I.6.1.10.