Li v Auckland Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

18/09/2017

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

ENVIRONMENTAL LAW - unsuccessful appeals by OHL and others (appellants) pursuant to s156(1) Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) against decision of the Auckland Council on the proposed Auckland Unitary Plan (PAUP) - under s156(4) LGATPA, the hearing of such an appeal by the Court was treated as if it were a hearing under cl15 of Schedule 1, Resource Management Act 1991 (RMA) - the matters at issue in both appeals were the position of the Rural Urban Boundary (RUB) near the Okura Estuary (the Estuary) where the appellants owned property and the zonings of their respective properties - the OHL development was "inappropriate" having regard to a number of the criteria - the OHL proposal was either directly contrary to or failed to give effect to a number of the relevant objectives and policies - the controlled benefits of OHL's walkway proposals were "overweighted" - there were also a number of ways the OHL proposal failed to meet the various provisions of Part 2 RMA - the first issue was whether the RUB should be extended to incorporate the OHL and FUZland - the Court answered that question in the negative - accordingly there was no need to answer the second question