22 May 2013
NEWBURY HOLDINGS LIMITED & ANOR V AUCKLAND COUNCIL HC AK CIV 2011-404-008098
- Citation
- openlaw-a019aace_6d97_4b7b_9f2f_cf74d650d1e1.pdf
- Court
- High Court
The High Court held the Environment Court did not commit an error of law in its substantive decision: the Council had not adopted a definitive position, the Environment Court was entitled to form its own evaluative judgment and to bundle overlapping district and regional consents, parties had sufficient opportunity to be heard, and conditions imposed did not render consents nugatory. The Environment Court erred in form by not expressly deciding the s85 application but that omission was not material to the outcome. The costs award was quashed because the Environment Court improperly relied on…