17 Dec 2021
NEW ZEALAND MOTOR CARAVAN ASSOCIATION INCORPORATED v MARLBOROUGH DISTRICT COUNCIL [2021] NZHC 3157
- Citation
- [2021] NZHC 3157
- Court
- High Court
MDC breached its s82 LGA consultation obligations by failing to exercise its discretion to reconsult after adopting a materially different district-wide default prohibition; MDC also failed to satisfy s11(2) FCA because there was no evident area-by-area analysis demonstrating the default prohibition was the most appropriate and proportionate response for all relevant local authority areas; accordingly the decision adopting the 2020 bylaw is unlawful and the bylaw is invalid to the extent of that default prohibition, warranting setting aside and interim relief to preserve the prior regulatory…