Declaration as to Compliance with s17 Duty

In a number of cases, declarations have been made as to compliance with the s17 duty under the RMA (to avoid, remedy or mitigate adverse effects from a person’s activity). The Courts have held that the overall effect of s310(a) and s313 of the RMA is that the Court has the power to make a declaration as to the extent of a land owner's (or other person's) duty under s17(1) of the RMA.