11 Jun 2013
FAR NORTH DISTRICT COUNCIL V TE RŪNANGA-Ā-IWI O NGĀTI KAHU CA705/2011 [2013] NZCA 221
- Citation
- [2013] NZCA 221
- Court
- Court of Appeal
The Court of Appeal held that clause 4 of the 2001 settlement agreement did not prohibit Carrington from applying for a new land use consent on a different part of its land because clause 4 only restrained expansion of the then-existing 1999 consent; FNDC's non-notification decision was lawful because no 'special circumstances' under s94C(2) RMA were present that related to the subject land use application; the Environment Court correctly included the unimplemented 12-unit land use consent in the future environment for assessment under s104(1)(a) because it was satisfied the consent was likel…