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Consents To notify or not to notify? That is the question! Summary of case law on notification under the RMA
Consents To notify or not to notify? That is the question! Summary of case law on notification under the RMA McAlpine v North Shore City Council [1999] NZRMA 530 (HC, 18 November 1998)
Notification; discretionary activities
1. This case dealt with a proposal to construct two dwellings on a property close to a foreshore reserve.
2. Randerson J expressed concern over the addition to the test for assessing effects made by the Court of Appeal in Bayley. It was considered that the addition negated Salmon J’s stance from Aley when applied to unrestricted discretionary activities.
3. McAlpine dealt with unrestricted discretionary activities and it was held that it was required to consider all matters relevant under section 104.
