Before the Environment Court
At Auckland
ENV-2019-AKL-000018

Under the Resource Management Act 1991
In the matter of an appeal against an abatement notice requiring the removal

of a boatshed in the Costal Marine Area adjoining 75
Sars?eld Street, Heme Bay, Auckland

Between Duke
Appellant

And Auckland Council
Respondent

 

Memorandum of counsel for the respondent providing an update as to the
related certi?cate of compliance application

Date: 1 October 2019

 

 

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Memorandum ofcounsel as to likely 

MAY IT PLEASE THE COURT:

1 The purpose of this memorandum is to provide an update to the Court as
to the potential resolution of this matter, and the likelihood that the
scheduled hearing time (commencing 1 November 2019) will not be

required.

2 Counsel acknowledges that the parties were directed to file a joint
memorandum of counsel by Friday 27 September 2019. Counsel has
engaged with counsel for the appellant as to the content of this
memorandum, who supports its ?ling with the Court. It is not ?led as a
joint memorandum due to availability constraints of counsel for the

appellant, who is currently on leave.
Background

3 As the Court is aware, the appeal relates to an abatement notice issued
by Auckland Council to the appellant in respect of a structure in the
Coastal Maine Area (CMA) adjoining 75 Sars?eld Street, Heme Bay.
The abatement notice was issued after the Eight Court overturned a
decision of the Council to issue a resource consent for the construction

of a structure in the CMA at that location.

4 Since that time, the appellant has ?led an application for a certi?cate of
compliance (COC) with the Council relating to the boatshed structure.
The use of that structure for helicopter purposes is not covered by that
COC application. Following resolution of substantive concerns with the
initial application, the independent planner engaged by the Council will
issue a recommendation that the COC be granted within the next few
days, with the delegated decision on the COC to be made by the duty

commissioner.
Abatement notice

5 On the basis that the CDC is anticipated to shortly be issued, the Council

proposes to withdraw the abatement notice. That withdrawal of the

notice will then mean that there is no necessity to continue with the

appeal to that notice.

The parties will provide an update to the Court following the decision by
the duty commissioner on the COC application, and the abatement

notice is formally withdrawn.

The appellant has indicated that their position on costs on the appeal will

be con?rmed once the abatement notice is withdrawn.

Date: 1 October 2019



Quinn
Counsel for Auckland Council