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Westfield (New Zealand) Limited and Northcote Mainstreet Incorporated v North Shore City Council and Discount Brands Limited - SC 4/2004 SC CIV 4/2004

Summary

Civil appeal - resource management - application for consent for non-complying activity - whether a decision to proceed on a non-notified basis is extraordinary - whether the correct standard of review of such a decision is to be in accordance with traditional Wednesbury principles - whether the cautionary approach discussed in Bayley v Manukau City Council (1999) NZLR 568 should be adopted in non-notification decisions - whether there was sufficient material before the Commissioners to enable them to conclude that the effects of the application would be more than de minimis. CA 30/04 14 June 2004.

Result

6 October 2004 Elias CJ; Tipping J Leave to appeal granted.
6 October 2004
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The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005

Hearing Transcripts

Related Documents

Court of Appeal decision — Discount Brands Limited v Northcote Mainstreet Incorporated CA30/04 [2004] NZCA 383 (14 June 2004)

Leave judgment - leave granted — WESTFIELD NEW ZEALAND LIMITED And Anor V NORTH SHORE CITY COUNCIL And Anor SC SC4/04 [6 October 2004] (PDF 13 KB)

Substantive judgment — WESTFIELD (NEW ZEALAND) LIMITED And Anor V NORTH SHORE CITY COUNCIL And Anor SC SC CIV 4/2004 [19 April 2005] (PDF 258 KB)