7 Mar 2022
WATERFALL PARK DEVELOPMENTS LIMITED v HADLEY [2022] NZHC 376
- Citation
- [2022] NZHC 376
- Court
- High Court
The planting did not meet the PDP definition of 'farming activity' because its primary purpose was not the production of vegetative matter or commercial livestock on the facts and there was insufficient evidence that a future primary farming purpose was likely; accordingly an activity not permitted under the PDP (r 24.4.1) defaults to non-complying in light of Chapter 24 objectives and policies protecting Wakatipu Basin landscape values; the Environment Court's factual findings were open on the evidence and no error of law was made, so the appeal is dismissed.