Island Bay Residents’ Association v Wellington City Council

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

20/05/2019

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Administrative law — Judicial review — Wellington City Council — No breach of statutory and common law obligations

Application for judicial review. Respondent council made decision to implement relevant cycleway in relevant seaside suburb. Applicant association of residents of seaside suburb, challenged implementation of cycleway. Cycleway was adjacent to footpath with parking cars being moved out into carriageway.

Finding that decision to defer detailed engineering and safety issues until preferred option had been determined, did not breach (NZ) Local Government Act 2002. Finding that respondent considered feedback received during consultation process into what became final preferred option. Finding that respondent's consultation process complied with statutory and common law obligations. Finding that respondent clearly weighed preferences along with range of other factors, there was no basis for Court to interfere assessment process. Application dismissed.

CASE DOCUMENTS

Island Bay Residents’ Association v Wellington City Council [2019] NZHC 1240