IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2013-404-3468 [2013] NZHC 2364
UNDER the Judicature Amendment Acts 1972 and
1977 or in the alternative Part 7 of the
High Court Rules
IN THE MATTER of the Resource Management Act 1991
BETWEEN JONATHAN GREEN AND MEGAN BILES
Plaintiffs
ANDAUCKLAND COUNCIL First Defendant
ROBERT JAMES ANDREW TAYLOR AND DORETTA PALMOLLINGO Second Defendants
Hearing: 6, 7 and 9 August 2013
Appearances: AGW Webb for the Plaintiffs
W S Loutit and K M Stubbing for the First Defendant
G R Milner-White and N J Amos for the Second Defendants
Judgment: 11 September 2013
RESERVED JUDGMENT OF PRIESTLEY J
This judgment was delivered by me on 11 September 2013 at 2.30 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date:………………………….
Counsel/Solicitors: AGW Webb
Simpson Grierson, Auckland W S Loutit, K M Stubbing
Kensington Swan, Auckland G R Milner-White, N J Amos
GREEN v AUCKLAND COUNCIL [2013] NZHC 2364 [11 September 2013]
Contents
Paragraph
Introduction 001
The issue 011
The second defendants’ application and Auckland
Council’s decision 012
Additional evidence 039
Mr Griffin 040
Ms Redward 050
Mr Brown 052
Mr Putt 059
Mr Lala 063
Mr Buxton 071
The law 074
Notification 074
Decision making power 075
Power relating to consent notices 077
Site visit 078
Discussion 082
Analysis 120
Discretion 133
Result 154
Costs 155
Introduction
[1] The plaintiffs and second defendants are, in reality, neighbours. Both own property on the western side of that section of Piha Road which descends to the settlement and beach. The two properties are separated by a narrow plantation reserve.
[2] As one would expect, the two properties each have superb views down the line of a wide gulley to the Tasman Sea. The views include the well known landmark Lion Rock, the broad ironsand beach being constantly pounded by white surf and, in the distance, the sweep of North Piha.
[3] The plaintiffs’ property occupies slightly higher ground than the second defendants’. The latter property was, until recently, bare land. The plaintiffs live, with their children, in a two storey building. The top storey has commanding views. The house is set back slightly from the Plantation Reserve and was extended and renovated in recent years. Formerly it was a holiday bach owned by one of the plaintiff’s grandfather.
[4] The second defendants took title to their property on 18 June 2012. During the preceding two months they had visited the site on a number of occasions, met and talked briefly to the plaintiffs, and held a meeting with the first defendant’s (Auckland Council) officials.
[5] When the second defendants purchased their property it was subject to a consent notice. That notice stipulated a single building platform on the land. The origins of the consent notice (registered on the title in June 2007) stemmed from the granting of subdivisional consents in November 1999 by the Waitakere City Council and consent orders made subsequently in the Environment Court on 26 June 2001.
[6] The…
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Orders
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Background
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Evidence
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