5 Feb 2009
GULF HARBOUR INVESTMENTS LIMITED AND ANOR V RODNEY DISTRICT COUNCIL HC AK CIV 2006-404-005005
- Citation
- openlaw-c438b8e7_c05c_45d5_a6e4_aa02f2cad6ec.pdf
- Court
- High Court
The development licence and the approved development scheme, including concept plan GHM1, remain operative and prescriptive of the scope of development of Hammerhead Point; the prescribed form of lease does not and cannot confer broader development rights than those authorized by the 1977 Act and the development scheme, so GH Investments is precluded from pursuing its proposed large residential/time‑share complex; the Council must subdivide Hammerhead Point into three and grant leases in the prescribed form but development is constrained by the scheme and statute and subject to RMA/LGA requir…