15 Mar 2019
R J DAVIDSON FAMILY TRUST v MARLBOROUGH DISTRICT COUNCIL [2019] NZCA 57
- Citation
- [2019] NZCA 57
- Court
- Court of Appeal
A consent authority may consider Part 2 of the RMA directly when deciding resource consent applications; however, where a district or regional plan has been prepared in a manner that appropriately reflects Part 2, recourse to Part 2 will not add anything and cannot justify an outcome contrary to the plan; the High Court's rule precluding case‑by‑case reference to Part 2 was erroneous but of no consequence in this case because there were no reasons to depart from the plan's expression of Part 2.