Justice Venning has stopped Ports of Auckland and its attempts to create its wharf extensions, describing the extension process as “flawed” and setting aside the consents.
The Lobby group Urban Auckland took the Ports of Auckland to court over the resource consents for Bledisloe Wharf, claiming they needed to be publicly notified.
Justice Venning’s decision said the consents issued on a non-notified basis are to be set aside, saying the applications should have been bundled, which would have required notification, and also saying that special circumstances existed which required notification.
“The commissioners fell into error in determining that, because the extension was a controlled activity and an expected development, no special circumstances existed so that it was unnecessary to notify in any event,” the judgment says.
“It may well be that ultimately the consents are granted but that should follow the proper process contemplated by the RMA on the facts of this case.
“The cost and commercial imperative in requiring notification is a significant factor but it cannot override the legal requirement for non-notification which the court has concluded is applicable in this case.”
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