24 Aug 2021
GERTRUDE’S SADDLERY LIMITED v ARTHURS POINT OUTSTANDING NATURAL LANDSCAPE SOCIETY INCORPORATED [2021] NZCA 398
- Citation
- [2021] NZCA 398
- Court
- Court of Appeal
The Court refused leave for both second appeals: Dunningham J was correct that the scope of an appeal is defined by the notice of appeal and a s274 party cannot broaden that scope beyond the notice of appeal; Clark J was correct that a council's summary under Schedule 1 cl 7 must be fair, accurate and not misleading in describing the decisions requested by submitters. Neither application raised a question of law of general or public importance or a seriously arguable point warranting leave to appeal.