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Supreme Court - Westfield (NZ) Ltd Decision

Supreme Court of New Zealand

19 April 2005

Media Release – For Immediate Publication Westfield (New Zealand) Ltd And Northcote Mainstreet Inc V North Shore City Council And Discount Brands Ltd (Sc Civ 4/2004) Press Summary

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courts.govt.nz/judgments.

The Supreme Court has held, in a unanimous decision, that a resource consent allowing the operation of a discount outlet shopping centre by Discount Brands Ltd in Akoranga Drive, Northcote is invalid because Discount Brands’ application for the consent was not publicly notified.

The Court has reversed the decision of the Court of Appeal and restored an order of the High Court setting aside both the Council’s decision of 25 July 2003 allowing the application to proceed without notification and the resource consent granted on 21 August 2003.

The Court has said that the non-notification decision was invalid because it was made by the Council without adequate information concerning potential adverse effects on amenity values of existing North Shore shopping centres. Such effects are required to be taken into account under the Resource Management Act 1991 and the North Shore District Plan.

The Supreme Court’s decision will not necessarily mean that the Discount Brands centre, open since last November, will be obliged to close. The Court was informed that a second resource consent for the discount centre has been granted by the Council. That consent too is the subject of legal proceedings but those proceedings have yet to be heard by the High Court.


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