Stark v Auckland Regional Council - [1994] 3 NZLR 614

Practice and procedure — Appeals to High Court — Resource Management Act 1991 - Role of Court on appeals from Planning Tribunal.

Resource management — District plan — Land use consent — Rest home in rural zone — Planning Tribunal refusing consent — Whether rest home discretionary or non-complying activity in rural zone — Criteria relevant to decision as to whether to grant consent — Point at which criteria to be considered — Whether Tribunal had considered criteria when deciding whether to grant consent — Whether Tribunal had considered criteria at appropriate point — Role of Court on appeal — Resource Management Act 1991, ss 104(4), 105(2)(b) and 299.