31 Jan 2006
NORTHCOTE MAINSTREET INCORPORATED AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2004-404-6062
- Citation
- openlaw-6f00a019_7a54_471b_af25_5287f596ebb2.pdf
- Court
- High Court
The High Court held the Commissioners had adequate, reliable and sufficiently comprehensive information (including independent peer reviews) to decide non-notification and to grant consent; the finding that adverse effects would be no more than minor was open to the Commissioners; Northcote Mainstreet was not a person capable in its own right of being adversely affected in an environmental sense; procedural fairness was not breached; processing a second application while the earlier consent was under challenge was lawful and not unreasonable; plaintiffs' claims were dismissed.