Pacific Farms Limited and Pacific Farms Development Limited v Palmerston North City Council and Palmerston North Industrial & Residential Developments Limited - SC 64/2011

Summary

Civil – Resource Management Act 1991 – Issue of consents without notice ¬– High Court declining to quash consents or grant declarations on terms sought by appellants – Whether Court of Appeal correct to set aside all of High Court’s declarations (and leave feasibility of a rehearing to the parties) on basis that late revelation of a relevant consent and regional plan meant that the critical issues were unable to be addressed in any meaningful way – Whether, in light of that finding, Court of Appeal correct to order parties to bear their own costs and set aside High Court costs orders – Extent of differentiation and/or overlap of functions and jurisdiction of Territorial Authorities and Regional Councils – Effect of regional plan on status of activity for notification purposes – Effect of principles of natural justice on Court of Appeal decision, particularly its decision to determine proceedings on a ground not the subject of pleadings or submissions by the parties.     [2011] NZCA 187    CA 116/2010

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