New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Rule 15b.5.8
  • 14 Aug 2018

    WAITAKI IRRIGATORS COLLECTIVE LIMITED v CANTERBURY REGIONAL COUNCIL [2018] NZHC 2064

    Citation
    [2018] NZHC 2064
    Court
    High Court

    The court accepted the parties' joint position that the Council erred in law in the formulation of Rule 15B.5.8(c) and that targeted amendments (extending the qualifying date and refining the treatment of changed consent conditions) correct that error; exercising its r20.19 power the court ordered Plan Change 5 be amended as proposed because the settlement addressed the legal errors, was supported by all joined parties, was consistent with the RMA and public interest considerations, and was the just, speedy and inexpensive resolution.

    • Plan change 5
    • Rule 15b.5.8
    • Permitted activity status
    • Jurisdiction to amend plan provisions
    • Errors of law under ecan act s66