11 Nov 2010
WAIKATO REGIONAL COUNCIL V MARSHALL HC HAM CIV-2008-419-918
- Citation
- openlaw-367f4472_6177_4e75_86fc_58d79bae04dc.pdf
- Court
- High Court
The SCRCA provides the statutory power to construct flood protection works on private land subject to RMA compliance; the plaintiff properly followed s137 SCRCA procedure and the independent assessor's determination was final; however the parties' litigation was compromised by a later binding 2009 settlement agreement which is the operative document and is enforceable by specific performance; accordingly relief is confined to enforcement of the 2009 Agreement, not separate enforcement of the assessor's decision.