Update on RJ Davidson Family Trust

Thursday 13 July, 2017

In our last Legal Brief we discussed the implications of the High Court’s decision in RJ Davidson Family Trust v Marlborough District Council [2016] NZEnvC 81 to resource consent applications. The High Court held that the King Salmon principles regarding the application of Part 2 of the RMA to the preparation of plans, also apply to resource consent applications considered under s104 of the RMA. The RJ Davidson Family Trust have now been granted leave to appeal to the Court of Appeal on the question of whether the High Court misinterpreted the need to assess applications for resource consents under s104 “subject to Part 2.” The hearing is likely to be heard in September 2017. We will keep you updated with developments.