21 Nov 2007
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED V KAPITI COAST DISTRICT COUNCIL AND ANOR HC WN CIV-2007-485-635
- Citation
- openlaw-e4556506_8a24_4396_8b6b_0d98fedd8450.pdf
- Court
- High Court
The High Court held the Council lawfully declined public notification: the Council had sufficient information and properly addressed site effects such that concluding the effects on the subdivision site were no more than minor was open to it; s94A(c) requires disregarding effects on persons who gave written approval (here DOC), so off‑site effects on the Reserve were excluded from the s94 assessment; Forest and Bird lacked the necessary site‑specific interest to be a person who 'may be adversely affected'; and no special circumstances under s94C arose that required notification.