Limited rights to appeal Auckland Council’s decision to delete the Rural Urban Boundary for Waiheke Island from the Auckland Unitary Plan are now available.
The High Court has declared that the recommendation by the Independent Hearing Panel to delete the Rural Urban Boundary(RUB) for Waiheke Island, which Auckland Council accepted, was beyond the scope of submissions made on the Proposed Auckland Unitary Plan.
Because of this declaration, limited rights of appeal to the Environment Court are now available for any persons who are unduly prejudiced by the council’s decision.
The decision by the High Court was made after constructive discussions between the council and the Waiheke Island-based Straits Protection Society. The society had brought judicial review proceedings in relation to the panel’s recommendation, and the council’s decision to accept it.
The agreement reached has avoided the need for a contested hearing and provided a way for the matter to be addressed before the Environment Court.
Deadline approaching
Appeals must be filed with the Environment Court within 20 working days of today’s date - by 27 July 2017.
The decision issued by the High Court is available to read here.
More information about the appeals process, including who can make appeals, can be found on the Auckland Council’s website and on the Environment Court’s Unitary Plan Appeals webpage.
