11 Mar 2010
STUART ALLAN INVESTMENTS LTD V TASMAN DISTRICT COUNCIL AND ORS HC NEL CIV-2008-442-275
- Citation
- openlaw-9041d698_a38b_43b0_a9bb_25b59d93c164.pdf
- Court
- High Court
The authority erred in treating a controlled activity as if it were a permitted activity for the purposes of the permitted baseline and failed to specifically assess whether the plaintiff was an adversely affected person (conflating 'minor' and 'de minimis'); accordingly the non-notification decision and the land use consent were unlawful and must be set aside and reconsidered with notice to the plaintiff.