Auckland Regional Authority v Little - [1989] 3 NZLR 374

Town and country planning — Procedure — Appeals — Time limits — Waiver of late service of notice of appeal — Water Board decided to grant water right — An appeal was lodged in time with Planning Tribunal against decision of Water Board to grant water right but copy of appeal was not served upon Board until three weeks after time for appealing had expired — In meantime Water Board had issued the water right — Planning Tribunal granted waiver of late service on Board — Board appealed — Whether Tribunal had jurisdiction to grant waiver — Whether Board was prejudiced by late service — Whether waiver was valid — Town and Country Planning Act 1977, s 154 — Town and Country Planning Regulations 1978, reg 55.

Water and water control — Water and soil conservation — Water rights — Water Board decided to grant water right — Objector appealed to Planning Tribunal in time but did not serve copy of appeal on the Board until three weeks after time for appealing had expired — In meantime Board had issued the water right — Whether Board had jurisdiction to recall or cancel a water right properly issued — Whether Board has jurisdiction to issue the water right when appeal had been lodged — Water and Soil Conservation Act 1967, ss 25 and 26.