Waitakere City Council v Estate Homes Limited

[2006] NZSC 22

IN THE SUPREME COURT OF NEW ZEALAND

SC 73/2005
[2006] NZSC 22

BETWEENWAITAKERE CITY COUNCIL

Appellant

ANDESTATE HOMES LIMITED

Respondent

Hearing:3 April 2006

Court:Blanchard, Tipping and McGrath JJ

Counsel:M E Casey and R B Enright for Appellant

D J Neutze for Respondent

Judgment:4 April 2006 

JUDGMENT OF THE COURT

[1]       Leave to appeal is granted.

[2]       The approved grounds are:

(1)Whether compensation should be assessed as if the land had been taken by the Council, or as an ingredient of a condition imposed on the granting of a resource consent, or otherwise; and with what consequential effect. 

(2)Whether condition 2(o)(vi) satisfied the requirements of the Newbury test.

(3)Whether the formation and vesting of Marinich Drive constituted “services or works” under s 108(2)(c) of the Resource Management Act 1991.

(4)Whether the High Court was empowered under Rule 718A to determine the nature of the road which, but for the designation, would have been appropriate; or whether it should have referred that matter back to the Environment Court.

Solicitors:
Kensington Swan, Auckland for Appellant
Brookfields, Auckland for Respondent