WILSON PARKING NEW ZEALAND (1992) & ANOR v AUCKLAND CITY COUNCIL & ANOR [2001] NZCA 89 (26 March 2001)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca226/00

	between	WILSON PARKING New Zealand (1992) LIMITED
		Appellant

	AND	AUCKLAND CITY COUNCIL
		First Respondent

	and	RHEINGOLD SECURITIES LIMITED
		Second Respondent

Hearing:	26 March 2001
Coram:	Keith J Blanchard J Tipping J
Appearances:	R B Brabant and B O'Callahan for the Appellant W S Loutit and H J Ash for the First Respondent M L S Cooper QC for the Second Respondent
Judgment:	26 March 2001

judgment of the court

[1] By consent:

1. the appeal is allowed and the judgment of the High Court is set aside;

2. the first respondent is directed to amend the resource consent in issue by adding the following to condition 5 of the resource consent:

(a) the commuter parks shall only be accessible to cardholders who have a lease or licence for a period of one month or more;

(b) between the hours of 4.30pm and 6.00pm Monday to Friday (inclusive) persons who have parked in the commuter parking spaces shall only exit the building using the Albert Street exit ramp.

3. the costs order made in the High Court remains in effect.

[2] There is no order for costs in this Court.

Solicitors:

Carter & Partners, Auckland for the Appellant

Simpson Grierson, Auckland for the First Respondent

Burton & Co, Auckland for the Second Respondent