12 Mar 2009
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NZ INC V KAPITI COAST DISTRICT COUNCIL AND ANOR CA CA695/07
- Citation
- openlaw-401bfbde_c5ee_47c1_886a_e68c2fb64761.pdf
- Court
- Court of Appeal
Sections 94A(c) and 104(3)(b) require a purposive, contextual approach: a consenting person's written approval allows the authority to disregard effects personal to that person but does not authorise ignoring wider effects on land of significant public or environmental importance; on the facts the council did consider effects on the DOC reserve and the decision not to notify was lawful