31 Jan 2017
DAVIDSON FAMILY TRUST v MARLBOROUGH DISTRICT COUNCIL [2017] NZHC 52
- Citation
- [2017] NZHC 52
- Court
- High Court
The High Court held the Environment Court did not err as a matter of law: King Salmon's approach applying planning instruments in lieu of repeated recourse to Part 2 properly applies to s104 resource consent determinations absent uncertainty, incompleteness or invalidity; the Environment Court lawfully applied the precautionary approach, was entitled to decline consent under s104(6) for inadequate information, and its evaluative findings on cumulative effects to King Shag habitat were open to it and not legally erroneous.