2 Aug 2018
BARRHILL CHERTSEY IRRIGATION LIMITED v CANTERBURY REGIONAL COUNCIL [2018] NZHC 1960
- Citation
- [2018] NZHC 1960
- Court
- High Court
The Court found two errors of law: (1) the wording of Policy 4.41C(b) was inconsistent with the Council's reasons and could improperly deny irrigation schemes and principal water suppliers access to the alternative consenting pathway, and (2) deletion of the exception in Method s28.4 was beyond the Council's jurisdiction because no submitter sought that change and it was outside the scope of issues raised, so the exception must be reinstated. The Court exercised its power under r20.19 to amend Plan Change 5 by consent to correct those errors and approved the parties' agreed amendments.