Meditation centre loses right to appeal Auckland Shooting Club noise issues

The meditation retreat took its fight against the facility to the Supreme Court. Photo / File

A meditation centre fighting in court against a neighbouring shooting club has lost its latest legal battle against noise concerns.

The Vipassana Foundation Charitable Trust recently won another appeal against Auckland Council's granting of a certificate of compliance to Auckland Shooting Club.

Both businesses are located on Tuhirangi Rd in Kaukapakapa, north of Auckland.

The meditation centre has provided meditation courses for 30 years and is just 1.2km away from the shooting range.

It has serious concerns about noise from the shooting range destroying the peace and tranquillity of the largely rural setting, where members come in search of spirituality.

The centre was unsatisfied with its last legal win on the club's noise standards, specifically the correct way to measure shooting noise.

The Trust had raised a couple of issues, including: whether the noise effects of the shooting activity were assessed in accordance with the District Plan; and whether the acoustic reports of the noise experts relied on by the Council were flawed.

However, The Trust's arguments on the noise issues were rejected both by the High
Court and the Court of Appeal.

But it chose not to leave the fight there, and sought leave to appeal to the Supreme Court.

It argued that the Court of Appeal erred in its assessment of compliance with noise standards and that it was wrong not to grant the declaration sought.

The meditation centre claimed the issue was "of general and public importance because the acoustic rules in question are similar to those in other district plans throughout New Zealand".

It also claimed it was "of general importance to the parties in the context of future
applications by the [landowners Raymond O'Brien and Victoria Pichler] for use of land for shooting activities".

The Supreme Court ruled that it "didn't consider this case is one where it would be appropriate to entertain an appeal" and leave to appeal was dismissed.

Costs of $2500 were also awarded to the respondents; Auckland Council, O'Brien and Pichler, and the Auckland Shooting Club.