Auckland Council v Wendco (NZ) Limited and Wiri Licensing Trust - SC 14/2016

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Summary

Civil Appeal – Resource Management Act 1991, s 95E – Whether the Court of Appeal interpreted the phrase “related to” in s 95E too broadly – Whether the first respondent is an affected person in terms of the second respondent’s application for resource consent. [2015] NZCA 617  CA 379/2014

Result

A Leave to appeal is granted (Wendco (NZ) Ltd v Auckland Council [2015] NZCA 617).
B The approved question is whether the Court of Appeal was correct to conclude that the Auckland Council was required to give Wendco (NZ) Ltd notification of the resource consent application made by the Wiri Licensing Trust.
16 June 2016
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A The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of Peters J reinstated.
B Costs in the High Court are to be fixed in that Court.
C Costs in the Court of Appeal are to be fixed by that Court.  
D In this Court, the first respondent is to pay the appellant costs of $10,000 and the second respondent costs of $5,000 along with, in both instances, reasonable disbursements.
17 July 2017

Hearing Transcripts

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