Burton v Auckland City Council [1994] NZRMA 544 (HC, 5 July 1994)

Notification; cumulative effects

1. This case involved an application for resource consents to subdivide, remove trees, and excavate in order to establish five residential dwellings.

2. Blanchard J held that at least where other resource consent applications are to be made to the same consent authority, the assessment of actual or potential effects, as prepared in accordance with the Fourth Schedule, must take into account relevant cumulative effects of the development as a whole, given that 'effect ' in section 3 includes any cumulative effect.

3. In this case there was no requirement to notify all consents once one required notification. A contrary finding was later made in Bayley by the Court of Appeal.