Data source
Date of text
28 Feb 1999
Original language


Type of text
Reference number
A 28/99
Court name
The Environment Court
groundwater, water abstraction

This case raised the issue of compliance with land development plans by a proposed development project. It concerned appeals against decisions refusing consents in relation to a proposal for an underground transport and parking centre in Central Auckland.
The appeals were allowed. The court held that the site was as area where the natural character of the coastal environment had long since been compromised and the diversion and taking of groundwater would not have an adverse effect on the environment.
Furthermore, it was of the view that the settlements due to groundwater drawdown were not likely to cause damage to adjacent buildings; that at most there was only a very slight risk of settlement damage to buildings in the wider locality; and that remedial measures triggered by the conditions would mitigate any damage that did occur.