26 Apr 2022
TE RŪNANGA O NGĀTI AWA v WHAKATĀNE DISTRICT COUNCIL [2022] NZHC 819
- Citation
- [2022] NZHC 819
- Court
- High Court
Because the consented Lifestyle and Retirement Precinct limited services and facilities to residents and their visitors, those services are sufficiently 'associated with' dwellinghouses and thus fall within the RMA definition of 'residential activity' (s95A(6)). Accordingly, under s120(1A)(c) (as in force at the relevant time) the right to appeal was ousted unless the activity was non-complying, and the Environment Court correctly concluded it had no jurisdiction to hear the appeals; the High Court dismissed the appeal.