Fullers Group Limited v Auckland Regional Council & Anor (HC, Auckland, M1077/95, 21 August 1998, Laurenson J); [1999] NZRMA 439 (CA, 2 June 1999)

Notification; Bill of Rights Act 1990; special circumstances

1. In this case Pacific wanted a new pontoon to operate in the Auckland harbour, and consent for this was granted on a non-notified basis. Fullers, an operator at the current pontoon in that area, applied for judicial review on the grounds that the Council had failed to have proper regard to the effects the new pontoon would have on navigation and safety and had failed to appreciate the special circumstances involved. It was alleged that there would be a breach of the principal of public participation under the RMA, which could lead to a breach of section 27(2) of the New Zealand Bill of Rights Act 1990.

2. Laurenson J found that the protection under the Bill of Rights Act does not override the express provisions of the RMA in respect of public participation. The approach to public participation expressed in Murray by Elias J was cited with approval and it was found that this principle was not breached in this case.

3. Laurenson J also found that the council had adequately considered the issues of navigation and safety, and the issue of whether special circumstances existed. He found that there had been a reasonable basis for the granting of the consent.

4. This decision was upheld on appeal to the Court of Appeal.