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Takamore Trustees v Kapiti Coast District Council - [2003] 3 NZLR 496

$30.00

High Court Wellington
AP 191/02 & AP 192/02
17, 18 March; 4 April 2003
Ronald Young J
Resource management — Designation — Notice of requirement for designation — Appeal against decision of Environment Court to confirm requirement — New road passing through holiday camp and waahi tapu area — Whether error of law in rejecting kaumatua evidence without giving credible reasons — Whether proper tests applied in relation to factors arising under ss 7(a) and  8 — Proper test as to whether reasonable to use alternative route — Whether errors of law material — Whether error of law in treating route as matter of national importance — Whether long-standing statutory protection of route and community expectations relevant — Whether Court could modify the requirement — Resource Management Act 1991, ss 5, 6(e), 7(a), 8, 171(1)(b) and (c), 174, 303 and 307.

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