[2018] NZEnvC 039 Waterfront Watch Incorporated v Wellington City Council [pdf, 1 MB]
...will not present any significant disadvantage to those who wish to enter the Garden simply to enjoy its features - the hours of darkness will not be the time they would choose to do so. The risk to the gardens and to law abiding visitors can be responsibly managed in that way, and any residual risk is well short of justifying a declining of consent. [28] We accept Ms Sohn's point that, particularly in winter, the expanded playground at the northern end of the Park will be shade...