New Zealand Case Law: Decisions & Judgments

Topic

Resource consent decision-making

Legal area

Court

16 Jul 2020

HUNTER v AUCKLAND COUNCIL & ORS [2020] NZHC 1720

Citation

[2020] NZHC 1720
Court

High Court

The application was dismissed because the applicant failed to demonstrate any legal error, procedural unfairness or bias sufficient to vitiate the panel's decision: the panel lawfully requested and provided additional information under s41C RMA, relied appropriately on site inspection and expert reports on heritage and amenity, any minor inaccuracies were non‑prejudicial, and the alleged instances of bias or predetermination were unsupported.
19 Aug 2011

HEYBRIDGE DEVELOPMENTS LIMITED V BAY OF PLENTY REGIONAL COUNCIL HC TAU CIV-2010-470-585

Citation

openlaw-b18a2bea_0a21_4eb4_90ea_70d62496c9e8.pdf
Court

High Court

The High Court concluded the Environment Court erred as a matter of law by effectively imposing on the appellant an onus to disprove Pirirakau's belief that an urupa might exist on the site and by treating s6 recognition as extending to relationships founded predominantly on unproven belief; the Environment Court's refusal of consents is quashed in part and the matter is remitted for reconsideration consistent with the correct evidential approach and legal principles.
5 Mar 2009

MOUNT VICTORIA RESIDENTS ASSOCIATION INCORPORATED V THE WELLINGTON CITY COUNCIL AND ANOR HC WN CIV-2008-485-1820

Citation

openlaw-a0832462_16be_4ee1_8e03_d2a5c0202a72.pdf
Court

High Court

WCC erred in law by failing to consider the mandatory s 15 Prostitution Reform Act factors when deciding not to notify and when granting consent; because the application should have been publicly notified, the consent was granted in breach of s 104(3)(d) RMA and must be quashed and revoked; WCC must reassess any application having regard to s 15; relief is appropriate despite delay.

New Zealand Case Law

HUNTER v AUCKLAND COUNCIL & ORS [2020] NZHC 1720

HEYBRIDGE DEVELOPMENTS LIMITED V BAY OF PLENTY REGIONAL COUNCIL HC TAU CIV-2010-470-585

MOUNT VICTORIA RESIDENTS ASSOCIATION INCORPORATED V THE WELLINGTON CITY COUNCIL AND ANOR HC WN CIV-2008-485-1820