1 Mar 2007
BELLA VISTA RESORT LIMITED & BELLA VISTA PROPERTIES LIMITED V WESTERN BAY OF PLENTY DISTRICT COUNCIL CA CA233/05
- Citation
- openlaw-74c9b3ec_67ae_45ed_9817_f5cfc3c1e744.pdf
- Court
- Court of Appeal
The Court of Appeal dismissed the appeal and upheld the strike-out: a council does not owe a private law duty of care to applicants (or their successors) in relation to granting or varying resource consents in the circumstances of this case because the RMA statutory scheme, proximity analysis and overriding policy considerations (risk of chilling regulatory decision-making, floodgates, and availability of public law remedies and other avenues) negate imposition of such a duty.