New Zealand Case Law: Decisions & Judgments

Topic

Plan change process

Legal area

Court

11 Mar 2021

YOUNG v ATTORNEY-GENERAL [2021] NZHC 463

Citation

[2021] NZHC 463
Court

High Court

The cliff-derived rockfall risk is an actionable nuisance but the Crown is not immune by statute; the Crown's duty is a measured duty to take reasonable steps to abate the nuisance. Given the District Plan prohibitions, the impracticality and disproportionate cost of the plaintiff's remediation proposal and the partial origin of the hazard on the plaintiff's own land, it was unreasonable to require the Crown to implement the extensive works sought. The Crown's hybrid red-zone offer discharged its reasonable obligations; accordingly plaintiff's claims for declarations and damages are dismissed.
17 Dec 2020

GERTRUDE’S SADDLERY LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2020] NZHC 3387

Citation

[2020] NZHC 3387
Court

High Court

The High Court held the Environment Court erred in law by relying on the breadth of Upper Clutha's original submission rather than the narrower relief in its notice of appeal and by taking an irrelevant fairness consideration into account; the Upper Clutha appeal did not validly raise deletion of the ONL boundary around the Shotover Loop nor did it seek rezoning/UGB alteration as a reasonably foreseeable logical consequence, therefore the Environment Court's decision allowing the Society to pursue those matters under its s274 notice was set aside.
17 Dec 2013

AUCKLAND COUNCIL v BYERLEY PARK LTD [2013] NZHC 3402

Citation

[2013] NZHC 3402
Court

High Court

The Environment Court lacked jurisdiction to direct amendments to an operative district plan provision (the definition of 'horse training centre') that was not the subject of the publicly notified plan change (PC30); s 293 does not authorize changing operative plan provisions outside the scope of a proposed plan change and must be exercised only where there is nexus to the notified reference and public notification processes are respected.
19 Mar 2013

FEDERATED FARMERS OF NEW ZEALAND (INCORPORATED) MACKENZIE BRANCH V MACKENZIE DISTRICT COUNCIL HC TIM CIV-2012-476-000071

Citation

openlaw-07d0805e_c84f_49a7_9ecb_38e50f0653c8.pdf
Court

High Court

The High Court held the Environment Court's First (Interim) Decision was, except for its final finding that the Mackenzie Basin is an outstanding natural landscape, provisional and not final on the substantive issues; therefore the s299 appeal was premature and must be dismissed and the matter remitted to the Environment Court for further s293 procedure, consultation, and required s32 analysis.

New Zealand Case Law

YOUNG v ATTORNEY-GENERAL [2021] NZHC 463

GERTRUDE’S SADDLERY LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2020] NZHC 3387

AUCKLAND COUNCIL v BYERLEY PARK LTD [2013] NZHC 3402

FEDERATED FARMERS OF NEW ZEALAND (INCORPORATED) MACKENZIE BRANCH V MACKENZIE DISTRICT COUNCIL HC TIM CIV-2012-476-000071