26 Sept 2013
MACPHERSON and MATHESON v NAPIER CITY COUNCIL and ANOR [2013] NZHC 2518
- Citation
- [2013] NZHC 2518
- Court
- High Court
The Council erred in law by treating the Trust's application as a controlled activity because, as lodged, it was substantively non-compliant (non‑complying garaging and failure to provide required NES reg 8 information for HAIL land), s88A does not save an application insofar as it was not properly treated as that type at lodgement, the NES and overlapping consent requirements meant the proposal was properly assessed as the most restrictive applicable activity (discretionary), and the consent granted on 15 March 2012 is invalid and must be set aside and remitted for reconsideration in accorda…