23 Nov 2007
MORGAN V WHANGAREI DISTRICT COUNCIL HC WHA CIV 2006-488-239
- Citation
- openlaw-8f9ff795_949b_4436_a86b_6fb311abbce5.pdf
- Court
- High Court
The High Court held the contested conditions were intra vires: ss108(1) and 108(2)(c) authorised imposing conditions protecting indigenous vegetation and requiring pest/weed management on a subdivision; such continuing conditions can be secured by consent notices under s221 and be registered as covenants; the bracketed words in s108(2)(d) do not prevent this construction; the conditions were logically connected to the subdivision and not imposed for an ulterior purpose; appeal dismissed.