25 May 2016
BEAUMONT TRADING COMPANY LIMITED v AUCKLAND COUNCIL [2016] NZCA 223
- Citation
- [2016] NZCA 223
- Court
- Court of Appeal
The Court held that 'development' as defined in s197 requires the consent to which s198 is tied to generate the demand for reserves; because the 2013 unit title subdivision did not itself generate additional demand for reserves, the Council could not lawfully levy the open space land acquisition contribution based on the earlier hotel construction, and the 2013 assessment was set aside.