26 Mar 2009
AUCKLAND REGIONAL COUNCIL V RODNEY DISTRICT COUNCIL AND ANOR CA CA502/2007
- Citation
- openlaw-a8f07787_9239_4992_8a28_ccf964a31344.pdf
- Court
- Court of Appeal
Appeal allowed: in the particular circumstances of this case the district council erred in law by failing to take into account the Auckland Regional Policy Statement's outstanding landscape classifications when deciding under s93 whether adverse effects would be minor; however there is no general rule requiring reference to regional instruments at s93 in every case — where district instruments are clear the s93 focus may be the district plan, but where the district plan is ambiguous or incomplete and the higher instrument materially informs the relevant environment the regional instrument mus…