New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S92 requests for further information

Legal area

Court

8 Jun 2018

THE NEW ZEALAND KING SALMON CO LIMITED v MARLBOROUGH DISTRICT COUNCIL [2018] NZHC 1357

Citation

[2018] NZHC 1357
Court

High Court

Section 88(3) confers a discretionary power on consent authorities to determine applications incomplete; the Council lawfully exercised that discretion in accepting Marlborough Aquaculture's application for processing and the decision did not warrant intensified judicial scrutiny and was not unlawful or manifestly wrong.
14 Jun 2011

REUTERS HOMES LIMITED v WANGANUI DISTRICT COUNCIL HC WANG CIV-2010-483-278

Citation

openlaw-d98feba5_17fd_447e_bbab_58dd901f6c36.pdf
Court

High Court

The court found WDC's s92 request improperly sought to recast the application by requiring a through road connection (not information relating to the lodged application); treating the applicant's refusal to supply that recast plan as a s92 refusal and invoking s95C to publicly notify was unlawful; the High Court had jurisdiction to grant declaratory relief in respect of pre‑decision conduct and the matter was not moot; declarations were granted in favour of Reuters.