SKP Inc v Auckland Council - [2021] 2 NZLR 94

Resource management — Resource consents — Māori cultural matters — Dispute over body mandated to act for Iwi — Resource consent granted to develop marina — Unsuccessful appeal against resource consent — Failure to consult with both potential Māori representatives — Whether new and important evidence available as to status of representatives — Original evidence not going beyond stating opposition — Need to articulate cultural effects — Whether change in circumstances — Whether refusal to appoint Māori Land Court Judge to sit on rehearing application error of law — Whether refusal to adjourn hearing while waiting for Māori Appellate Court decision error of law — New — Important — Change of circumstances — Resource Management Act 1991 ss 266, 294 and 299.

Resource Management — Environment Court — Application for rehearing of unsuccessful appeal against resource consent — Whether power to order rehearing — Whether new and important evidence available — Whether change in circumstances — Whether preconditions might have changed Court’s decision — Whether refusal to appoint Māori Land Court Judge to sit on rehearing application error of law — Whether refusal to adjourn hearing while waiting for Māori Appellate Court decision error of law — New — Important — Change of circumstances — Resource Management Act 1991 ss 266 and 294.