23 Aug 2012
CHURCH V HAWKE'S BAY REGIONAL COUNCIL HC NAP CIV-2012-485-461
- Citation
- openlaw-fbb54a5d_4de4_4c1a_885f_af12a605c6bb.pdf
- Court
- High Court
The Judge erred by concluding the appeal was out of time because there was no sworn evidence of posting or service prior to 24 November 2011, the consent decision dated 7 November made the asserted earlier posting implausible, and the newspaper article could not support an inference of receipt; the correct course is to remit the question to the Environment Court to rehear timeliness with appropriate evidence and opportunity to be heard.