Resource Management Act: RMA Link: Case Law Reference: Details

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Case Law Reference: Details

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Wellington Community Network
Title Gisborne Environment Centre Inc v Gisborne District Council

Ref. Numbers A230/02
Description Case involved consent for landfill. Land use was non-complying under transitional plan, discretionary under proposed plan. Court found that GDC had acted legally in granting consent, but found several aspects of the council’s actions to be unsatisfactory. By not issuing a ‘notice of requirement’ to designate site, the court was deprived of the ability to assess whether adequate consideration had been given to alternative sites, routes or methods of achieving the public work (in effect, legally side-stepping the requirements of Section 171). There was also concern over procedure followed during hearings, and lack of consultation with iwi/hapu.
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