4 Feb 2020
MAXINE MAY EVANS v CLUTHA DISTRICT COUNCIL [2020] NZCA 5
- Citation
- [2020] NZCA 5
- Court
- Court of Appeal
The Court held the Council's decision was within the range of reasonable decisions given evidence about tree size, proximity, debris and potential safety risks; the decision did not attract the higher 'significant decision' obligations under s 76 LGA so no further consultation was required and no concurrent common law duty arose; and removal was properly characterised as necessary for proper management under s 42(2), subject to s 42(3) requirements regarding minimal impact and replacement being observed prior to removal.