Barry v Auckland City Corporation and Others - [1975] 2 NZLR 646

Town and country planning — Conditional use — Council using non-compliance with zone bulk and location requirements as ground for refusing application — Validity of "density" provisions by habitable room formula in ordinance — Appeals — Appeal board issuing "practice notes" relating to procedure containing general rules valid unless rules rigid thereby fettering board's discretion — Town and Country Planning Act 1953, ss 28C(3A), 51(2)(e), Second Schedule para 8(b).