Wmg Yovich v Whangarei District Council

 
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[2015] NZEnvC121

BEFORE THE ENVIRONMENT COURT

Environment Judge JA Smith, at Auckland, sitting alone under s279 of the Act, on the papers

In the matter of an appeal clause 14 of the first schedule of the resource management act 1991 (the act)

In the matter of an application for discovery under section 278 of the act and the district court rules 2014

Between
WMG Yovich

(ENV-2015-AKL-000042)

Appellant
and
Whangarei District Council
Respondent
Submissions:

Mr W McKean for WMG Yovich, (the Appellant)

Mr GJ Matthias and Ms ST Shaw for Whangarei District Council (the District Council)

Application for discovery of an agreement between the respondent Council and an unnamed purchaser in respect of land which was the subject of a Plan Change — the appellant was arguing that the decision to rezone the land was made on an inappropriate basis — the appellant did not file an affidavit in support of the application for discovery but instead relied on the s32 Resource Management Act 1991 evaluation report filed in support of the decision on the plan change and the evidence circulated in the hearing to date — whether an affidavit was required to support the application for discovery — whether it was relevant to the discovery application that the Council would obtain a collateral advantage from the sale — whether the terms and conditions of the agreement should be made publicly available.

DECISION OF THE ENVIRONMENT COURT
  • A. Discovery of the sale and purchase agreement between the District Council and Okara Park is ordered subject to the document being redacted by:

    • (a) removal of the name or references to the purchaser;

    • (b) removal of reference to price or any financial conditions relating to the purchase;

  • B. The document is discovered for the purposes of this hearing only and is not for general publication except by further order of this Court.

  • C. Costs are reserved in respect of the application.

REASONS FOR DECISION
Introduction
1

cc for discovery of an agreement between the Council and an unnamed purchaser in respect of Okara Park. Okara Park is the subject of Plan Change 130 (PC130) at the centre of the current appeal.

The scope of the appeal

2

The appeal is against the decision of the Council to re-zone this land and essentially argues that the decision has been made on an...

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