10 Mar 2015
SCHMUCK v DIRECTOR-GENERAL, DEPARTMENT OF CONSERVATION [2015] NZHC 422
- Citation
- [2015] NZHC 422
- Court
- High Court
Section 48(1)(f) of the Reserves Act 1977 permits the Minister to consent to easements over a contiguous esplanade reserve for the activities listed where those activities are connected to adjacent land; the existence of RMA resource consents does not prevent an easement being authorised under the Reserves Act and structural works or limited occupation do not preclude jurisdiction, although the Minister retains a discretion to grant or refuse based on public access, enjoyment and health concerns.