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Tauranga Joint Generation Committee v Tauranga County Council - [1986] 2 NZLR 610

$30.00

High Court Wellington
21 August; 8 September 1986
Bisson J
Town and country planning — Procedure — Nature of Council's obligations, on receipt of an application for a specified departure, to notify bodies and persons having a greater interest in the application than the public generally — Electric power board was not notified of an application to build a rafting depot on land opposite one of its switchyards — Council's planning officer, without inspecting the site, considered that the power board need not be notified — No evidence of formal delegation of powers by Council to its planning officer — Whether electric power board was a "body" which had a legitimate expectation that it would be served with a notice — Whether Council's decision granting consent to the specified departure should be quashed — Town and Country Planning Regulations 1978, reg 37(3) — Rating Act 1967, s 49(2) — Town and Country Planning Act 1977, ss 74, 88 and 169A.

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