New Zealand Case Law: Decisions & Judgments

Topic

Certificate of compliance (s139 rma)

Legal area

Court

28 Nov 2014

NORTH CANTERBURY CLAY TARGET ASSOCIATION INCORPORATED v WAIMAKARIRI DISTRICT COUNCIL [2014] NZHC 3021

Citation

[2014] NZHC 3021
Court

High Court

The phrase "any dwelling house" in the plan's noise rule includes dwellings constructed after the certificate of compliance was issued; a certificate of compliance, while treated as a deemed resource consent, remains subject to the plan's conditions and does not exempt the holder from complying with the noise limits measured at any notional boundary including new dwellings, so the Association remains obliged to meet the noise rule despite changes in the receiving environment.
31 Jul 2009

PETER WILLIAM MAWHINNEY V WAITAKERE CITY COUNCIL CA CA136/2009

Citation

openlaw-2c53af32_ed9e_46c5_b7c7_6fde7856b4b6.pdf
Court

Court of Appeal

The application for special leave was declined because the points raised do not disclose arguable questions of law; s11 RMA presumes subdivision is prohibited unless expressly allowed or authorised by resource consent, certificates of compliance under s139 are only available where the activity is permitted in all respects, and combined or compartmentalised applications attempting to use certificates plus consents to circumvent s11 are invalid and constitute an abuse of process.
10 Sept 2008

HAVELOCK NORTH CITIZENS INC V HASTINGS DISTRICT COUNCIL HC NAP CIV 2007-441-1009

Citation

openlaw-5cbf31ac_675e_44ec_84e9_e92a5de15fd2.pdf
Court

High Court

The Court set aside both certificates because Council erred in law by issuing certificates without sufficient information and by misapplying plan rules: (1) Te Mata Rd certificate unlawful because Conrad failed to calculate recession planes from all residential zone boundaries (including road centrelines under R16.4) and both Te Mata Rd and Napier Rd developments breached the 250m² gross floor area limit in R9.8.9 which applies to all permitted suburban commercial activities including residential uses; (2) Napier Rd certificate was also unlawful because the proposed earthworks exceeded the pe…
7 Mar 2008

COROMANDEL MARINE FARMERS V WAIKATO REGIONAL COUNCIL HC AK CIV 2006-419-000877

Citation

openlaw-59e2dde2_6a0b_47be_af11_58050c8378ab.pdf
Court

High Court

The Court dismissed CMFA's declaratory application and appeal because MFP 364, by its own condition 2, required any necessary resource consents to be obtained and be kept in force; no such consents were obtained and the purported Certificate of Compliance did not validly address the operative regional coastal plan, therefore the permit was void and not in force on 31 December 2004 and could not be deemed a coastal permit under s20(2) Aquaculture Reform Act 2004. Consequently CMFA was not entitled to the declaration. The Environment Court's bespoke amendment to the proposed plan exceeded the s…
19 Dec 2007

MAWHINNEY AND GLORIT SUBDIVISION LIMITED V WAITAKERE CITY COUNCIL HC AK CIV 2006-485-000627

Citation

openlaw-4a6698ad_31c2_4f18_873b_baf44e6e62f0.pdf
Court

High Court

At least some of the proposed boundary adjustments (notably lots 323 and 324) altered site area by more than 10% and therefore were not permitted under rule 2.1(a); s218(3) does not treat an undivided share separated by a cadastral boundary as forming a single continuous allotment for subdivision purposes, so the 'complete site' argument fails; the Council was obliged to refuse the certificate of compliance for the particular package proposed and the Environment Court correctly struck out the appeal and declined rehearing.

New Zealand Case Law

NORTH CANTERBURY CLAY TARGET ASSOCIATION INCORPORATED v WAIMAKARIRI DISTRICT COUNCIL [2014] NZHC 3021

PETER WILLIAM MAWHINNEY V WAITAKERE CITY COUNCIL CA CA136/2009

HAVELOCK NORTH CITIZENS INC V HASTINGS DISTRICT COUNCIL HC NAP CIV 2007-441-1009

COROMANDEL MARINE FARMERS V WAIKATO REGIONAL COUNCIL HC AK CIV 2006-419-000877

MAWHINNEY AND GLORIT SUBDIVISION LIMITED V WAITAKERE CITY COUNCIL HC AK CIV 2006-485-000627