31 May 2006
MONTESSORI PRE-SCHOOL CHARITABLE TRUST V WAIKATO DISTRICT COUNCIL AND ANOR HC HAM CIV-2006-419-91
- Citation
- openlaw-befdee23_7dd3_45bc_a09d_eee224d9fc4c.pdf
- Court
- High Court
Delegation to the consents manager was valid and he lawfully exercised s93; it is permissible when making the s93 decision to have regard to conditions likely to be imposed under s108; the Trust and the Bhanas were in trade competition so trade competition was irrelevant under s104(3)(a); the evidence before the delegate and the Committee provided a solid basis to conclude adverse effects would be no more than minor and that the non-notified grant and subsequent consent under ss104 and 104D were lawful, so the judicial review challenge failed.