New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S127 rma

  • 29 Jul 2021

    TE RŪNANGA O NGĀTI AWA v BAY OF PLENTY REGIONAL COUNCIL [2021] NZCA 354

    Citation
    [2021] NZCA 354
    Court
    Court of Appeal

    The Court granted leave to appeal on five focused questions of law reformulated from the applicants' petitions because those questions raised arguable points of law concerning the scope of environmental effects (end-use plastic bottles), the role of Part 2 and Treaty considerations, and the correct legal characterisation of the activity under the district plan and s127; challenges to factual findings about tikanga evidence were not granted leave because identification of tikanga is principally a factual question for expert evidence or the Maori Appellate Court as explained in Takamore v Clark…

  • 30 Mar 2007

    HARBOURCITY DEVELOPMENTS LTD AND ANOR V OWEN HC AK CIV-2006-404-1400

    Citation
    openlaw-86cad4a3_e2f2_464b_8dda_da68a3b94dec.pdf
    Court
    High Court

    The negligence claims against the appellants fail because no common law duty of care was established independent of the RMA and alleged breaches of Part 3 duties are precluded from private enforcement by s23(2) RMA; nuisance claims based on physical damage or ongoing interference may survive but claims based solely on expected traffic effects or diminution in development potential without an actionable link are not sustainable; Harbourcity, as builder, may remain liable for nuisance based on physical damage, whereas Vipond's complaints about the consent process are caught by the RMA and thus…