Update on RJ Davidson Family Trust
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.
Author
Bridget Parham
Partner
Related Articles
High Court determines property arrangement is not a "subdivision"
Wednesday 17 May, 2017
Local Authorities' decision-making requirements - Court of Appeal decision
Friday 15 September, 2017
Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018
Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019
