20 Mar 2018
ROCHDALE PRECINCT SOCIETY INCORPORATED v CHRISTCHURCH CITY COUNCIL [2018] NZHC 467
- Citation
- [2018] NZHC 467
- Court
- High Court
The Notification Decision was legally defective because the Commissioner failed to expressly identify and consider relevant Chapter 7 transport rule non-compliances when deciding not to notify; that omission affected the statutory notification analysis under ss95A–95E RMA and undermined the procedural rights of potentially affected persons. The Substantive Decision was quashed accordingly and the matter remitted for reconsideration.