[2020] NZEnvC 217 Trojan Holdings Limited v Queenstown Lakes District Council [pdf, 472 KB]
...standards invite hearing commissioners into error in those terms. [26] I bear in mind that the existing accessways through Trojan House and Skyline Arcade have been in use by the public for many years. However, on the evidence, that was by informal licence not backed by easement or consent conditions. In essence this is for convenience of the public and at the good will of Trojan and Skyline. [27] However, the provisions on appeal stand apart in their imposition of unusual control...