Norman v Tūpuna Maunga o Tāmaki Makaurau Authority - [2022] 3 NZLR 175

Judicial review — Exercise of discretion — Whether actions “desirable or necessary” or to “conserve the qualities of the reserve which contribute to the pleasantness, harmony, and cohesion of the natural environment and to the better use and enjoyment of the reserve” — Whether removal of exotic trees in accordance with statutory regime — Not tethered to existing state of vegetation — Change clearly contemplated — What is necessary determined by consent authority’s view of “proper management” — Reserves Act 1977 ss 17 and 42.

Judicial review — Consultation — Not comply with consultation obligations — Proposal of such significance should have been included in Integrated Management Plan — Consultation did not make clear intention to remove all exotic trees — Reserves Act 1977 s 41.

Resource Management — Non-notification — Whether adverse effects more than minor — Balancing of positive and adverse effects — Adverse effects include temporary effects — Material before Auckland Council regarding heritage and historical significance of some of the exotic trees was inadequate — Assumption by applicants that trees not valuable because not on Auckland Unitary Plan incorrect — Should have been public notified — Resource Management Act 1991 s 3(b).