21 Aug 2013
CLARENCE JOHN FALOON v PALMERSTON NORTH AIRPORT LIMITED [2013] NZHC 2124
- Citation
- [2013] NZHC 2124
- Court
- High Court
On the pleaded facts the runway diversion was lawfully constructed in 1958 and was saved from the Water and Soil Conservation Act 1967 regime; the diversion falls within the BRL Rule 1 description of an established structure and is therefore a permitted activity, so there is no factual or legal basis to establish a s 14 RMA breach; because nothing the appellant could have said at a further hearing would have altered that conclusion, the Environment Court's strike-out is upheld.