25 Aug 2021
SOROKA v WAIKATO DISTRICT COUNCIL [2021] NZHC 2191
- Citation
- [2021] NZHC 2191
- Court
- High Court
The court held that generation of transferable rural lot rights requires creation of environmental/conservation lots by resource consent at the donor property; the April 2012 application objectively sought at most 29 lot entitlements (13 to be transferred initially) and not 64; the council was not obliged or empowered to treat the application as seeking 64 TRLRs or to grant rights beyond what was applied for; accordingly plaintiffs had no extant entitlement to further TRLRs and the declarations sought were refused.