5 Dec 2008
FOX AND ANOR V CHRISTCHURCH CITY COUNCIL AND ANOR HC CHCH CIV-2008-409-000898
- Citation
- openlaw-4f14e3fa_292d_4be8_8345_4ad87750ce39.pdf
- Court
- High Court
The Environment Court had jurisdiction under s293 to consider consequential financial contribution rules as part of a notified s293 proposal, but the Environment Court committed a material error of law by finalising the substantive financial contribution rules without giving affected parties a clear and adequate opportunity to present evidence and submissions (breach of natural justice); accordingly the finding that the rules were appropriate is quashed and remitted for substantive rehearing with full rights to call evidence and make submissions, and the Environment Court is authorized in its…