Why a heritage building owner can appeal demolition decision

The High Court has allowed Harcourts building owner Mark Dunajtschik to go back to the Environment Court  to seek permission to demolish the heritage building in Wellington.

Justice David Collins has ruled the Environment Court erred on two points of law and so must rehear the case.

Lawyers for Mr Dunajtschik had submitted 15 grounds for appeal.

The judge says the Environment Court used the wrong test when it said the building owner had to establish alternatives to demolishing the building had been “exhaustively and convincingly excluded."


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