4 Apr 2007
SPACKMAN V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR HC DUN CIV 2006-412-000843
- Citation
- openlaw-3856f1f5_d680_47c4_bc0a_d5fabf7c0236.pdf
- Court
- High Court
The Court held the Council committed material errors of law: it misclassified the application by failing to identify the part of the land in the Rural General Zone (thus treating it as a controlled activity rather than discretionary), conflated the s93 and s94 notification/service analyses, and approved building platforms abutting the Rural General Zone in breach of site setback requirements; these errors were material and the subdivision consent creating Lot 2 was set aside and remitted to the Council for reconsideration with fresh s93/s94 analyses, while consents for Lots 3 and 4 remained i…