12 Jun 2013
MARLBOROUGH DISTRICT COUNCIL v FRANKLIN & ANOR [2013] NZHC 1391
- Citation
- [2013] NZHC 1391
- Court
- High Court
The Court held s139A(1)(a) and (b) refer to the same existing use right for which certification is sought (regardless of whether the use is actually being conducted at the date of issue), whereas s139A(1)(c) requires specification of the use in fact being conducted at the date the certificate is issued (by character, intensity and scale); a certificate may be issued even if the use has not resumed, but such a certificate has limited practical effect as a consent equivalent.