New Zealand Case Law: Decisions & Judgments

Topic

Land use consent

Legal area

Court

17 Mar 2020

HAINES HOUSE HAULAGE NORTHLAND LTD v WHANGAREI DISTRICT COUNCIL [2020] NZHC 525

Citation

[2020] NZHC 525
Court

High Court

The High Court held the Environment Court erred in law by failing to consider the Rural Area provisions of the District Plan and by failing to consider the Amended Landscape Plan and associated evidence; the Environment Court also treated Lot 1 in a way unsupported by the Plan's definition of site and by the evidence and either lacked jurisdiction to impose a condition prohibiting a permitted dwelling on Lot 1 or any such condition would have been unreasonable under Newbury; the failure to consider material evidence constituted a breach of natural justice; accordingly the Environment Court's…
11 Feb 2014

WESTON v COSTELLO [2014] NZHC 113

Citation

[2014] NZHC 113
Court

High Court

The judge was entitled to prefer the vendor's evidence about turnover and disclosure of the OP Columbia payments and land use consent; appellant failed to prove actionable misrepresentation or loss on the balance of probabilities; the contractual buy‑back obligation related to chattels left behind and not to a going concern, so second‑hand valuation was appropriate; accordingly the appeal is dismissed and the District Court judgment stands.
11 Jun 2013

FAR NORTH DISTRICT COUNCIL V TE RŪNANGA-Ā-IWI O NGĀTI KAHU CA705/2011 [2013] NZCA 221

Citation

FAR NORTH DISTRICT COUNCIL V TE RŪNANGA-Ā-IWI O NGĀTI KAHU CA705/2011 [2013] NZCA 221
Court

Court of Appeal

The Court of Appeal held clause 4 of the 2001 settlement agreement did not constitute a contractual bar to Carrington applying for a new land use consent on a different part of its land; FNDC's decision not to publicly notify the 2008 land use application was lawful because no special circumstances under s94C(2) RMA arose; the Environment Court correctly included the unimplemented land use consent in the future environment when satisfied it was likely to be implemented and properly exercised its statutory discretion under ss104/104D RMA; accordingly the High Court judgments were set aside and…
24 Apr 2006

ST MARY'S CLOSE LTD V WHANGAREI DISTRICT COUNCIL HC WHA CIV 2005-485-001493

Citation

openlaw-a87a0a81_adb8_4e6f_997b_7562c211d1c5.pdf
Court

High Court

The High Court upheld the Environment Court: Rule 27.23 requires that each residential unit in the Living 1 Environment have a separately identifiable net site area of at least 500m2 "associated with" that unit; the Plan's objectives and policies do not alter that plain and contextual meaning and the consideration of amenity effects was relevant and supported by evidence.

New Zealand Case Law

HAINES HOUSE HAULAGE NORTHLAND LTD v WHANGAREI DISTRICT COUNCIL [2020] NZHC 525

WESTON v COSTELLO [2014] NZHC 113

FAR NORTH DISTRICT COUNCIL V TE RŪNANGA-Ā-IWI O NGĀTI KAHU CA705/2011 [2013] NZCA 221

ST MARY'S CLOSE LTD V WHANGAREI DISTRICT COUNCIL HC WHA CIV 2005-485-001493