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Enterprise Miramar Peninsula Inc v Wellington City Council - [2019] 2 NZLR 501

$30.00

Court of Appeal Wellington
CA218/2018; [2018] NZCA 541
22 August; 3 December 2018
Asher, Clifford and Gilbert JJ
Administrative law — Mandatory considerations — Allegations of bias — Residential housing developments — Councils to issue resource consents — Resource consenting process streamlined by Housing Accords and Special Housing Areas Act 2013 — Council must weigh matters to be taken into account under HASHAA — Purpose of HASHAA carried greatest weight — Resource Management Act 1991 did not apply directly but some matters required consideration of RMA — Whether error of law in application of HASHAA — Whether relevant matters considered — Whether proper approach taken in respect of infrastructure — Whether Council biased when issuing consents — Whether Council should have considered appointing independent commissioners — Resource Management Act 1991, ss 34A and 104–104F.
Resource Management — Residential housing developments — Councils to issue resource consents — Housing Accords and Special Housing Areas Act 2013 stated matters to be taken into account — Resource Management Act 1991 did not apply directly but some matters required consideration of RMA — Whether relevant matters considered — Whether proper approach taken in respect of infrastructure — Resource Management Act 1991, ss 34A and 104–104F.

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