Belgiorno-Nettis & Ors v Auckland City Council [1998] NZRMA 550 (HC, 24 July 1998)

Notification; special circumstances

1. This case dealt with a proposal for a 17-unit residential building to be built on the business side of a street where the other side of the street was zoned residential. The issues of non-compliance were matters over which the Council had reserved its discretion, and there was no evidence that the discretion was wrongly exercised.

2. In considering section 94(5) the matters of concern were all dealt with within the plan, i.e. the Council had reserved discretion over them, and hence they were not out of the ordinary. The fact that concern had been raised by residents was not sufficient to create special circumstances.