Residents lose case over highway
The Ministerial designation for the northern arterial highway through St Albans is not invalid, the Planning Tribunal has ruled.
The St Albans Residents’ Association had contested that the way in which the provisions for the work became part of the second review of the Christchurch City Council’s District Scheme was unlawful.
If it had proved to be unlawful the council would have lost jurisdiction to deal with the matter under objection procedures and the tribunal would have lost its jurisdiction to rule on appeals to the council’s decision.
Judge Skelton heard the
application on December 9. The association’s lawyer, Mr Anthony Hearn, Q.C., had argued that the Minister of Works and Development had to have been personally involved in designating land for the highway, rather than delegating that authority to a Ministry official. The Minister had not been actively involved until after the review was made public on December 4, 1979.
In his decision, Judge Skelton said: “I do not see why ... I should assume that when the District Commissioner acted in respect of a public work for which the Minister has financial responsibility, he acted
otherwise than in accordance with the Minister’s wishes.”
He also said in regard to a letter from the commissioner to the City Council about the northern arterial that it would be “unrealistic” to draw the conclusion that the commissioner wrote the letter without the Minister’s authority. In dismissing the motion by the residents’ association, Judge Skelton made no order for costs. He also said that “in case it should be thought otherwise, I stress that I am saying nothing about the merits of the proposed public work. Those are for another day.” •
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Press, 20 December 1985, Page 4
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283Residents lose case over highway Press, 20 December 1985, Page 4
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