13 Apr 2017
SHANKS v AUCKLAND COUNCIL [2017] NZHC 745
- Citation
- [2017] NZHC 745
- Court
- High Court
The interim application was refused because the shed, used in the interim for storage of farming and dwelling-related equipment, is a permitted activity under AUP rule H19.8.1 (activity status of buildings follows the activity they accommodate); the rule is clear and does not require an additional proportionality/scale assessment; a certificate of compliance is optional and not a precondition to constructing a permitted building; given construction was already underway and safety concerns, the balance of convenience favoured the respondents.