[2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]
...earthworks over 5m3 in a Floodable Area under Rule 8.3.3(c)(ii) as a restricted discretionary activity, with the relevant matters of discretion being listed in Rule 8.5.1.3 as: i) The effect of the proposed activity (including its location and design) on the capacity of ponding areas and function of overland flow paths; ii) The appropriate minimum finished floor level of the proposed building/structure; and iii) Verifiable new information which demonstrates that the subject site...