6 Aug 2021
NGĀI TAMAHAUA HAPŪ COMMITTEE v HERITAGE NEW ZEALAND POUHERE TAONGA [2021] NZHC 2033
- Citation
- [2021] NZHC 2033
- Court
- High Court
The High Court held the Environment Court did not err in law in refusing waivers because the Judge properly applied the undue prejudice threshold under the RMA/Heritage NZ Act, concluded that delays risked public health, environmental harm and upset to contractual arrangements and that the enabling works appeal was effectively moot due to substantial completion; the discretionary refusal was not plainly wrong.