[2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]
...Otherwise, the court has a residual discretion whether or not to make a s293(1) direction (although any material failure to give effect to a NPS or RPS would clearly weigh in favour of exercising that discretion). 15 16 17 18 19 Mawhinney v Auckland Council (2011) 16 ELRNZ 608 (HC). Mawhinney, at (11 5]. Auckland Council v Byerley Park Limited [2013] NZHC 3402. Byerley Park, at [41] and [42], citing Hamilton City Council v Historic Places Trust {2005] NZRMA 145, at [25]....