Estate Homes Limited v Waitakere City Council

[2004] NZCA 280

IN THE COURT OF APPEAL OF NEW ZEALAND

CA210/04

BETWEENESTATE HOMES LIMITED

Appellant

ANDWAITAKERE CITY COUNCIL

Respondent

Hearing:15 November 2004

Court:William Young, Chambers, O'Regan JJ

Counsel:P T Cavanagh QC and N D Wright for Appellant

R B Enright for Respondent

Judgment:15 November 2004 

JUDGMENT OF THE COURT

Leave to appeal is granted on the additional question: Did the High Court err in law by concluding that the requirement to vest the width of Marinich Drive (save as to two metres of Marinich Drive) was not a financial contribution under s 108(2)(a) of the Resource Management Act 1991? Costs are reserved.

REASONS

(Given by William Young J)

[1]       Leave to appeal to this Court was granted in the High Court on one question.  The appellant sought leave from us to appeal in relation to other questions.  In the course of argument, the appellant’s position narrowed to the point where it sought leave to appeal on only one additional question.

[2]       As indicated to counsel at the hearing, we are satisfied that it is appropriate to grant leave to appeal on this additional question which is specified above.  Leave to appeal is granted accordingly.  Costs are reserved.

Solicitors:

Brookfields, Auckland for Appellant
Kensington Swan, Auckland for Respondent