Subdivision at Te Hape, Whangarei
Client: B & R Mulligan
This was a non-complying subdivision leading directly onto a State highway that is also Limited Access Road. Transit NZ (then the State highway manager) adamantly opposed the proposal throughout the process. Council staff also recommended against the proposal at the first Council hearing, mainly on the basis of their beliefs about the traffic effects.
Despite this opposition, consent was granted by the hearings panel. Transit NZ appealed the granting of consent to the Environment Court. Their Regional Manager and two independent transport consultants gave evidence at the hearing, all in adamant opposition to the proposal. Dean was the Mulligans’ only traffic representative. Despite this apparent imbalance of power, the court disagreed with all of Transit NZ’s witnesses and found that the traffic effects of the proposal were no more than minor.