29 May 2006
D N BALFOUR, N R MOIR AND K REID V CENTRAL HAWKES BAY DISTRICT COUNCIL HC WN CIV 2005-485-1448 29 MAY 200
- Citation
- HC WN CIV 2005-485-1448
- Court
- High Court
The Environment Court erred by failing to consider the permitted baseline established by the 1983 resource consent; appellants were not acting in accordance with that consent (they kept 135 dogs), so s319(2) did not preclude enforcement; s16 applies to the nature, frequency and duration of noise as well as level and may require reduction below plan limits; accordingly the enforcement remedy should have been confined to the permissions of the 1983 consent (reduce to 40 dogs) and the indemnity costs award was legally unsustainable and was set aside in favour of party-party costs.