Waitakere City Council v Estate Homes Ltd - [2007] 2 NZLR 149

Resource management — Resource consents — Subdivision — Whether jurisdiction to grant consent to form of subdivision not applied for — Whether conditions of consent can be more favourable to applicant than application — Condition requiring construction of road to higher standard than necessary for subdivision — Statutory basis for imposition of condition — Whether condition required provision of “services or works” — Whether compensation payable — Local Government Act 1974, ss 321A and 322.

Constitutional law — Taking of property — Whether condition could amount to a taking — Whether presumption that Parliament did not intend taking without compensation applicable — Whether conditions to be restricted to those required by particular development — Whether conditions in resource consent reasonable and appropriate.

Resource management — Appeals — Whether and when appellate Court to decide issue or remit to Environment Court.