Elderslie Park Limited v Timaru District Council [1995] NZRMA 433 (HC, 24 February 1995)

Notification; benefits of activity; meaning of 'minor '

1. This case involved the relocation of a supermarket. It was held that the appropriate approach to assessing a notification decision was to look at section 94 before considering section 104 and section 105 factors.

2. The Court held that it was relevant to consider the benefits of the activity when assessing the effects in order to avoid an artificial and unbalanced picture of the activity.

3.'Minor ' was defined as meaning lesser or comparatively small in size or importance.