Mundy and Another v Cunningham and Another - [1973] 1 NZLR 555

Town and country planning — District schemes — Proposed district scheme — Change of use — Excavation of headland — Local amenity — No application under s 38A(1) — Application for injunction by local residents association — Statute did not confine type of redress available — Town and Country Planning Act 1953, s 38A.

Practice and procedure — Action — Parties to an action — Representative capacity not confined to persons having a common beneficial proprietary interest — Code of Civil Procedure, R 79.