29 Sept 2016
CLOVA BAY RESIDENTS ASSOCIATION INCORPORATED v MARLBOROUGH DISTRICT COUNCIL [2016] NZHC 2317
- Citation
- [2016] NZHC 2317
- Court
- High Court
The Court held the Council was entitled to treat the application as a controlled activity because the implemented structures and purposes were within the scope of the existing consent and Plan standards; however the Council failed to properly apply ss95B and 95E to determine whether there were affected persons and so denied statutory participation rights; accordingly the consent is quashed and remitted for reconsideration under s95B/95E with limited notification, subject to measures to avoid disproportionate prejudice to the permit holder (notably seasonal timing).