Unison Networks Ltd v Hastings District Council HC Auckland

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

13/09/2007

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest) Practice and procedure — Appeal — Grounds for appeal — Error of law

Appeal against decision of New Zealand Environment Court (NZEnvC). Appellant had been granted resource consents to construct and operate a wind farm in an area of Hawkes Bay that included a hill feature known as Te Waka. An appeal against grant of consents was successful, NZEnvC holding that wind farm proposal did not promote sustainable management of natural and physical resources. NZEnvC concluded that adverse effects of proposal on an outstanding natural landscape, and its adverse effects on relationship of Maori with land in question and values that land possessed for them, tipped balance in favour of overturning grant of consents. On appeal appellant argued that NZEnvC had erred in law.

CASE DOCUMENTS

Unison Networks Ltd v Hastings District Council HC Auckland CIV 2007-485-896 [2007] NZHC 1435; [2011] NZRMA 394

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