20 Oct 2011
RAY WALLACE LTD V AUCKLAND COUNCIL HC AK CIV 2011-404-3887
- Citation
- openlaw-878ab7a8_8993_4c79_b45a_81758edd1cf9.pdf
- Court
- High Court
The Environment Court erred in law by failing to assess the competing versions of Plan Change 12 against s 74 and s 32 of the RMA and by relying on a 'majority/drafting preference' rationale; accordingly the High Court allowed the appeal and remitted the matter to the Environment Court to reconsider the appropriate terms for Plan Change 12 in accordance with s 74 RMA.