Kirkland v Dunedin City Council - [2002] 1 NZLR 184

Resource management — District plan — Notification of proposed district plan — Submissions to council — Appeal by way of reference to Environment Court on duties under s 32 of the Resource Management Act 1991 — Whether challenge only to be initiated in submissions under First Schedule — Whether challenge to plan could encompass procedural matters — Resource Management Act 1991, ss 32, 290, 293, 299 and 308 and First Schedule, cls 6, 14 and 15.

Resource management — Jurisdiction — Challenge to proposed district plan — Whether Environment Court had jurisdiction to determine challenge on procedural ground — Whether possible to challenge outside process for formulation, change or review of plan — Whether challenge limited to merits of proposed plan — Whether Environment Court had jurisdiction to direct council to undertake new and “proper” s 32 analysis — Resource Management Act 1991, ss 32, 290 and 293.