North Canterbury Clay Target Association Incorporated v Waimakariri District Council

[2015] NZCA 225

IN THE COURT OF APPEAL OF NEW ZEALAND

CA21/2015
[2015] NZCA 225

BETWEEN	NORTH CANTERBURY CLAY TARGET ASSOCIATION INCORPORATED Applicant
AND	WAIMAKARIRI DISTRICT COUNCIL Respondent

Hearing:	8 June 2015
Court:	Randerson, French and Winkelmann JJ
Counsel:	P A Steven QC for Applicant A J Prebble for Respondent
Judgment:	10 June 2015 at 10:30 am

JUDGMENT OF THE COURT

Leave to appeal is granted under s 308 of the Resource Management Act 1991 on the following questions:

1. Does rule 31.11.1.2 of the Waimakariri District Plan require compliance with specified noise limits at the notional boundary of any dwellinghouse in the Rural zone in existence from time to time, notwithstanding that the dwellinghouse was not in existence at the time the permitted activity was established?

1. Where a certificate of compliance has been issued under s 139 of the Resource Management Act, is the holder of the certificate subject to a continuing obligation to abide by the noise limitations specified in Rule 31.11.1.2, notwithstanding the changing surrounding physical environment?

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Solicitors:
Corcoran French, Kaiapoi for Applicant
Cavell Leitch, Christchurch for Respondent