Sun Pacific Villas Timeshare Resort Body Corporate v Bay of Plenty Regional Council [2002] NZRMA 561 (HC, 9 August 2002)

Notification; permitted baseline; publication of proposal

1. This case concerned an application to construct a reef at Mt Maunganui to test wave dynamics.

2. In finding that there was no error in the way Council considered the effects that were likely to occur on land, the Court noted that as no activity was permitted in the seabed there was no existing or permitted activity to be included in the permitted baseline when considering notification.

3. The application for review was declined. Of interest are the Court 's comments that because of the extensive efforts on the part of the applicant to publicise the proposal and to invite comment and criticism, it was not a case where the public or interested parties had been denied an opportunity to have their views considered. The Council having correctly determined that there were no adverse effects or affected persons, the extent of the publicity meant there were no circumstances under section 94(5) to oblige the Council to notify the application.