15 Jan 2009
MCKENNA AND MCKENNA V HASTINGS DISTRICT COUNCIL HC NAP CIV 2008-441-253
- Citation
- openlaw-1f709ae6_76fa_473e_8019_3f3642c3cc8b.pdf
- Court
- High Court
Even where a non-complying activity is found to have adverse effects no more than minor and thus passes the s104D gateway, the consent authority retains a broad discretion under s104 to refuse consent where the proposed activity is contrary to the objectives and policies of the district plan or would undermine plan integrity; permitted baseline and effects findings do not automatically entitle the applicant to consent.