New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Plan change submissions

Legal area

Court

31 May 2013

PALMERSTON NORTH CITY COUNCIL v MOTOR MACHINISTS LIMITED [2013] NZHC 1290

Citation

[2013] NZHC 1290
Court

High Court

Apply Clearwater bipartite test: MML's submission failed both limbs — it did not address the alteration to the status quo advanced by PPC1 (PPC1 rezoned mainly ring‑road and arterial frontages and contained extensive s32 analysis) and acceptance would risk denying directly affected neighbours a real opportunity to participate — therefore the submission was not "on" PPC1 and the council lacked jurisdiction to consider it.
12 Dec 2007

WHITBY COASTAL ESTATES LIMITED V PORIRUA CITY COUNCIL HC WN CIV 2007-485-002441

Citation

openlaw-1f3f6aed_65b2_450a_a448_8909e91296a5.pdf
Court

High Court

The Court granted the interim order suspending the initial submission deadline because suspension was necessary to preserve the applicant's position, caused the least prejudice given Whitby is the only landowner affected, the public interest in a fixed submission date could be met by advertising a new date, and the applicant provided an undertaking limiting the use of the suspension.