20 Dec 2005
RUNCIMAN RURAL PROTECTION SOCIETY INC V FRANKLIN DISTRICT COUNCIL HC AK CIV-2004-485-001787
- Citation
- openlaw-723850e2_1db2_480f_a916_41062d3f4ccc.pdf
- Court
- High Court
The High Court held the Environment Court erred in law by misinterpreting the RPS—giving undue effect to an appendix definition and a dictionary concept to permit 'urban development' outside the metropolitan urban limits and by improperly taking into account the ARC's failure to seek changes to the district plan; additionally the Court's traffic‑related consent conditions were unreasonable because they left essential remedial works uncertain and unenforceable by leaving implementation to third parties; accordingly the appeal was allowed and the matter remitted to the Environment Court for fre…