Pukenamu Estates Limited v Kapiti Environmental Action Incorporated

[2004] NZCA 178

IN THE COURT OF APPEAL OF NEW ZEALAND

CA2/04

BETWEENPUKENAMU ESTATES LIMITED

Applicant

ANDKAPITI ENVIRONMENTAL ACTION INCORPORATED AND OTHERS

Respondents

Hearing:14 July 2004

Coram:Anderson P
Glazebrook J
Chambers J

Appearances:  J W Maassen for Applicant

H A Cull QC and E Hird for Respondents

Judgment:10 August 2004 

JUDGMENT OF THE COURT DELIVERED BY ANDERSON P

[1]       This is an application for special leave to appeal on questions of law arising from a judgment of the Environment Court which went on appeal to the High Court.

[2]       As developed in discussion between counsel and the Bench, on the present application two questions of law in particular emerged.  They can be expressed in the following terms:

To be eligible for consideration as a discretionary activity under the Kapiti Coast District Plan, must a subdivision of coastal dune land into rural hamlets create lots in an arrangement by which no fewer than three and no more than twelve dwellings can be built on them so that they are grouped close together as a hamlet?

When considering the effects of a subdivision application, must a consent authority ignore, as a matter of law, any land use activities other than those that can occur as of right if the subdivision is allowed?

[3]       We have come to the view, albeit with a measure of diffidence, that leave to appeal should be granted in respect of those questions, but subject to conditions as to the time for argument.  Written submissions are not to exceed 15 pages and the respective oral arguments should not exceed one hour each which in the appellant’s case includes any reply.  Costs are reserved.

Solicitors:
Cooper Rapley, Palmerston North for Applicant
Tripe Matthews & Feist, Wellington for Respondents