ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]
...might think that all future effects which might be caused by a proposed activity can simply be considered under section 104(1)( a) of the RMA which imposes a duty to consider 'any actual and potential effects'. That is not so. In Dye v Auckland City Co'uncil4o the Court of Appeal has interpreted sections 104(1)( a) and section 3, which defines 'effect', in a restrictive way. Indeed, in our respectful view, this case shows that in two important and related area...