29 Sept 2011
TE RUNANGA-A-IWI O NGATI KAHU V CARRINGTON FARMS LTD HC WHA CIV 2010-488-348
- Citation
- openlaw-ddad2e57_08e4_4848_8e04_224a900fe7e1.pdf
- Court
- High Court
The Court declared that under clause 4 of the 5 March 2001 settlement (as amended) Carrington agreed not to seek to expand accommodation onto land that included the site of the 2008 land use consent; the Council's decision not to notify RC2080553 was unreasonable and legally flawed because it failed to consider special circumstances (including the settlement, cultural significance, and the likelihood the dwelling consent could not be implemented without subdivision) and therefore RC2080553 is quashed and must be reconsidered on a notified basis together with the subdivision application.
- Notification
- Affected persons
- Earthworks thresholds
- Interpretation of settlement agreements
- Waahi tapu/cultural heritage
- Special circumstances under s94c