27 Jun 2014
WENDCO (NZ) LIMITED v AUCKLAND COUNCIL [2014] NZHC 1481
- Citation
- [2014] NZHC 1481
- Court
- High Court
The Court held the Council had sufficient information (AEE, TIA, s92 responses, expert review and consultation with Auckland Transport, site visits and revised plans) to lawfully conclude adverse effects on Wendy's were less than minor or limited by s95E, and that the Council followed a lawful process in deciding no limited notification was required; alternatively, even if a procedural defect existed, relief was refused because Wendy's delayed commencement and granting relief would cause disproportionate prejudice to WLT and third parties.