9 Feb 2018
SAMSON CORPORATION LTD & OR v AUCKLAND COUNCIL [2018] NZHC 97
- Citation
- [2018] NZHC 97
- Court
- High Court
The Panel had admissible evidence and a rational basis for concluding the Special Character Overlay and the Residential – Single House Zone should apply to the site; the Panel's general approach to overlays did not amount to a rule that overlays must be disregarded when zoning and did not preclude the Panel from applying the Single House Zone here; therefore the Panel's recommendation and the Council's acceptance were options open on the evidence and did not amount to an error of law, so the appeal is dismissed.