Lowe v Dunedin City Council [1999] NZRMA 280 (HC, 25 March 1999)

Notification; non-complying activities

1. This case involved the expansion of a hospital, which was a non-complying activity in a residential zone. It was held that the starting point was to assess effects, in comparison with what is lawfully done on the site and what could be done as of right.

2. In this case the Assessment of Environmental Effects (AEE) was regarded as inadequate, but as this was a judicial review it was the process the Council undertook which was at issue.

3. The application for consent was for an extension to the hospital, not for the activity as a whole, because the building was a lawfully established activity as it stood. The zoning was relevant, but only in respect of that being the current situation. A consideration of the entire circumstances at the time of the application is necessary and effects are to be assessed against that background.