Wallace Group Limited v Auckland Council

[2017] NZHC 372

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-2316 [2017] NZHC 372

BETWEEN

WALLACE GROUP LIMITED

Plaintiff

AND

AUCKLAND COUNCIL Defendant

Hearing:	On the papers
Counsel:	J Brabant for Plaintiff M G Wakefield and C J Brown for Defendant
Judgment:	8 March 2017

JUDGMENT OF WHATA J

This judgment was delivered by me on 8 March 2017 at 4.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:           Hornabrook Macdonald, Auckland

Auckland Council, Auckland

WALLACE GROUP LIMITED v AUCKLAND COUNCIL [2017] NZHC 372 [8 March 2017]

[1]      In  Albany  North  Landowners  v  Auckland  Council1    I  found  that  the

Independent Hearings Panel’s recommendation to rezone the northern part of 55

Takanini School Road from Light Industrial zone as notified to Mixed Housing Suburban zone (“the IHP recommendation”) was procedurally unfair and outside of the scope of submissions. I stated at [303] that the substantive issues raised by Wallace Group Limited (WGL) in this proceeding should now be referred to the Environment Court for resolution.   I now have a joint memorandum of counsel endorsing this approach. Accordingly I make the following orders:

(a)      I declare that the IHP recommendation was outside the scope of submissions but not identified as such for the purpose of s 144(8) of the Local Government (Auckland Transitional Provisions) Act 2010 (the Act);

(b)I declare that the Auckland Council decision to adopt the IHP recommendation was a decision to adopt a recommendation beyond the scope of submissions for the purpose of s 156(3)(b) of the Act; and

(c)       WGL may  lodge  an  appeal  to  the  Environment  Court  pursuant  s

156(3) on the recommendation within 20 workings days.

[2]      There is no question as to costs.

1      Albany North Landowners v Auckland Council [2017] NZHC 138.