New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction to amend plan provisions

  • 14 Aug 2018

    WAITAKI IRRIGATORS COLLECTIVE LIMITED v CANTERBURY REGIONAL COUNCIL [2018] NZHC 2064

    Citation
    [2018] NZHC 2064
    Court
    High Court

    The court accepted the parties' joint position that the Council erred in law in the formulation of Rule 15B.5.8(c) and that targeted amendments (extending the qualifying date and refining the treatment of changed consent conditions) correct that error; exercising its r20.19 power the court ordered Plan Change 5 be amended as proposed because the settlement addressed the legal errors, was supported by all joined parties, was consistent with the RMA and public interest considerations, and was the just, speedy and inexpensive resolution.

    • Plan change 5
    • Rule 15b.5.8
    • Permitted activity status
    • Jurisdiction to amend plan provisions
    • Errors of law under ecan act s66

  • 1 Dec 2015

    ELLESMERE SUSTAINABLE AGRICULTURE INCORPORATED v CANTERBURY REGIONAL COUNCIL [2015] NZHC 3011

    Citation
    [2015] NZHC 3011
    Court
    High Court

    The Court granted the parties' consent to amend Variation 1 because the removal of the 15 kg/ha/yr threshold was outside the submissions and therefore an error of law, the proposed amendment restoring the threshold was within the scope of the appeals, consistent with the ECan Act and the RMA, and the Court had jurisdiction under r 20.19 and ss 300-307 to make the amendment rather than order a rehearing.

    • Plan variation
    • Jurisdiction to amend plan provisions
    • Consent orders
    • Nitrogen leaching limits