ENVC Hearing 6Oct14 DM legal submissions [pdf, 211 KB]
...superior authority to the effect that s 104D must come first in the sequence. 4.2 In Arrigato Investments Ltd v Auckland Regional Council31, after reciting the alternative requirements of (then) s 105(2A), which it described as gateways, the Court of Appeal observed: Unless an application for a non-complying activity can pass through one or other of the two gateways, it will fail at the outset. If it does pass through either gateway, the consent authority must then have regard to...