Brownlee wrong to rezone some land
Tue, 24 Jul 2012 9:09p.m.
Gerry Brownlee was wrong to use his wide-ranging powers under the Canterbury Earthquake Recovery Act in deciding to rezone land around Christchurch Airport last year, the High Court has found.
In a ruling released on Tuesday afternoon, Justice Lester Chisholm granted an application for a judicial review of the process the Earthquake Recovery Minister took to fast-track the rezoning in October last year.
The decision, which has now been set aside by Justice Chisholm, ruled out housing development on land near Christchurch Airport owned by Independent Fisheries, Progressive Enterprises and other property developers.
The land is inside the 50-decibel noise contour line around Christchurch Airport.
Justice Chisholm said his judgment was about the process taken by Mr Brownlee and not about whether the land in question was suitable or unsuitable for residential development.
Mr Brownlee said Justice Chisholm's decision won't hinder the recovery effort.
He maintains the changes made were sound and the actions were necessary in the situation.
"Following the 22 February 2011 earthquake we were faced with a pressing need for land to be freed up for urban residential subdivision," he said.
A number of developments, including one in Kaiapoi, are unaffected by Justice Chisholm's ruling and are able to go ahead
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25/07/2012 1:10:34 a.m.
Read Hon Justice Chisholm judgement. As some of the land in question is no where near the airport what Minister Brownlee tried to do was much wider than just rezoning some land he also removed the right of a persons day in court even for those who were already there and pushed through CCC's preferred Urban Boundary for Chch as their unfair attitude was not going well in the Environment Court
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