S&M Property Holdings Limited & Downtown Backpackers (NZ) Limited v Wellington City Council [2003] NZRMA 193 (HC, 7 August 2002)

Notification; special circumstances

1. A resource consent was granted in this case to build a large multi-storey building adjacent to a building with listed facades. The application was non-notified.

2. The decision not to notify was made under section 94(1A). The only matter for determination in relation to review was the Council's consideration under section 94(5) concerning special circumstances. Under that heading, the Court noted that it could not trespass into the legitimate fact-finding process and discretionary decisions of the planning authorities unless they err in law. The Court concluded that there was ample and adequate evidence to enable the Council to come to the view that special circumstances did not exist.