4 Mar 2020
PHILIP JOHN WOOLLEY v MARLBOROUGH DISTRICT COUNCIL [2020] NZHC 387
- Citation
- [2020] NZHC 387
- Court
- High Court
The Council improperly returned the s136 transfer application without exercising its statutory discretion under s136(4)(b); the Court would not determine the lapse issue on judicial review as it was unnecessary to resolve the procedural error; under s178 factors and relevant authorities the intervener did not materially assist the Court and primarily advanced private interests, so an award of costs to Constellation Brands was not justified.
- Lapse of resource consent
- Section 136 rma (transfer)
- Intervener costs under s178 senior courts act
- Judicial review procedure
- Declaratory relief
- High court rules r14.2(1)(a)