19 Dec 2007
MAWHINNEY AND GLORIT SUBDIVISION LIMITED V WAITAKERE CITY COUNCIL HC AK CIV 2006-485-000627
- Citation
- openlaw-4a6698ad_31c2_4f18_873b_baf44e6e62f0.pdf
- Court
- High Court
At least some of the proposed boundary adjustments (notably lots 323 and 324) altered site area by more than 10% and therefore were not permitted under rule 2.1(a); s218(3) does not treat an undivided share separated by a cadastral boundary as forming a single continuous allotment for subdivision purposes, so the 'complete site' argument fails; the Council was obliged to refuse the certificate of compliance for the particular package proposed and the Environment Court correctly struck out the appeal and declined rehearing.