Spark New Zealand Trading Limited v Clearspan Property Assets Limited

[2017] NZCA 352

IN THE COURT OF APPEAL OF NEW ZEALAND

CA159/2017
[2017] NZCA 352

BETWEEN	SPARK NEW ZEALAND TRADING LIMITED Applicant
AND	CLEARSPAN PROPERTY ASSETS LIMITED Respondent

Hearing:	14 August 2017
Court:	French, Miller and Cooper JJ
Counsel:	M E Casey QC and R M Devine for Applicant D Chisholm QC for Respondent
Judgment:	16 August 2017 at 2.00 pm

JUDGMENT OF THE COURT

ALeave to appeal is granted. The approved question is whether the arrangement summarised at [7] of the judgment below ([2017] NZHC 277) is a subdivision for purposes of s 218 of the Resource Management Act 1991.

B        Costs are reserved.

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1. This formulation of the question[1] permits argument of the subsidiary questions 2-6 in the application for leave.

   [1]Section 308(1) Resource Management Act 1991.

Solicitors:
Minter Ellison Rudd Watts, Auckland for Applicant
Brown Partners, Auckland for Respondent