In this case, the hearings commissioners recommended that the notice of requirement be withdrawn as it failed to meet Part 2 of the Act based on air quality and health risks.  On appeal, the Environment Court (C35/2004 Nelson Intermediate School v Transit NZ) upheld the Commissioner 's decision, determining that the notice of requirement did not meet the broad purpose of sustainable management citing major concerns about effects on adjacent schools, pedestrian safety, air quality and social severance.

The land-use consent by Progressive Enterprise Ltd to establish and operate a hypermarket at 652 Great South Road, Manukau was granted subject to 73 conditions, including condition 69 relating to the effect of vehicle emissions on air quality:

"Vehicle Emissions

69. Prior to the commencement of construction on the site, a vehicle air emissions management plan shall be submitted for the Council's Manager-Environmental Health and Compliance for approval, outlining how the following measures can be implemented to reduce vehicle emissions:

1. best practice design of all entrance and exit points to reduce vehicle congestion
2. ensuring taxi and public bus access to the site
3. the evaluation of strategies for improving the efficiency of freight deliveries
4. the scheduling of deliveries to non-peak traffic periods
5. ensuring that all delivery vehicles engines are switched off (ie, not idling) during loading and unloading
6. requiring vehicle delivery fleets to meet certain emissions standards within a given time period."