Beach Road Preservation Society and Ors v Whangarei District Council [2001] NZRMA 176 (HC, 1 November 2000)

Notification; incorrect interpretation of plan

1. This was a proposal to build a residential home and a boat shed at the water 's edge, which was regarded by the Council as a controlled activity given the zoning.

2. The case was primarily about interpretation of the plan to determine proper activity status. It was found that the activity was in fact not controlled so the Council had wrongly assessed it and needed to reconsider the notification decision on that basis.