17 Oct 2016
The Court held there was no wrong assumption of fact in its earlier refusal to grant leave; Nation J had considered both the $420,000 equity and the respondent's income and lifestyle contributions, so his apportionment of relationship property was plainly open to him; accordingly the recall application was declined.
14 Feb 2011
PC24 is within the scope of the RMA because it addresses effects of the use and development of land within the district and promotes the sustainable management purpose in s5, falling within territorial authority functions under s31 and the district plan purpose in s72; s74(3) prohibits regard to trade competition narrowly (rivalrous trader behaviour) and does not prevent QLDC addressing wider socio‑economic effects such as housing affordability; the Affordable Housing Act did not exclude RMA competence; factual questions about whether PC24 is a licence, subsidy or tax are matters for the subs…
5 Dec 2008
The Environment Court had jurisdiction under s293 to consider consequential financial contribution rules as part of a notified s293 proposal, but the Environment Court committed a material error of law by finalising the substantive financial contribution rules without giving affected parties a clear and adequate opportunity to present evidence and submissions (breach of natural justice); accordingly the finding that the rules were appropriate is quashed and remitted for substantive rehearing with full rights to call evidence and make submissions, and the Environment Court is authorized in its…
1 Sept 2008
Section 200(1) of the Local Government Act 2002 must be construed, in context and purposively, to prevent a territorial authority from imposing both a financial contribution under the RMA and a development contribution under the Act for the same development and for the same purpose; the Council's imposition of a 'top up' development contribution in those circumstances was an error of law and was quashed.