3 Oct 2022
LIVING STREETS AOTEAROA INC v AUCKLAND COUNCIL [2022] NZHC 2500
- Citation
- [2022] NZHC 2500
- Court
- High Court
The application for judicial review was dismissed: Waka Kotahi did not make a clear legal error in publishing the Notice under s 168A, it was not under a statutory or established common law duty to consult in the circumstances, and although safety was a mandatory consideration and enforcement/testing arrangements were not fully resolved this omission was not shown to be material such that the decision would have been different; delay and prejudice weighed against granting relief.