Wilson Parking New Zealand (1992) Limited v Auckland City Council [2001] NZRMA 364 (HC, 16 October 2000)

Notification; assessment of effects

1. This case concerned the application for resource consent for a parking building in central Auckland, which was a non-complying activity and which was dealt with by the Council on a non-notified basis.

2. Of concern to the applicant was the effect of extra peak-hour evening traffic generated from the proposed development. The Court considered three matters:

2.1 Did the Council address this issue?

2.2 If so, what information was available to it when it did so, and how did it go about its task?

2.3 In the final result was the decision reasonable?

3. The Court found that, as a matter of fact, the Council was aware of the issue and that it was taken into account.

4. The Court concluded that the Council did in fact, and in law, have appropriate evidence before it to conclude that the effect on the environment would be no more than minor and that there would only be minor effects on any person.

5. The Court found that the Council's decision was properly founded on the material before it and that, therefore, it was not unreasonable.