RM Journal

From the April issue…

Commenting on the decisions in RJ Davidson Family Trust v Marlborough District Council [2017] NZHC 52 and Environmental Defence Society Inc v The New Zealand King Salmon Co Ltd [2014] NZSC 38, [2014] 1 NZLR 593, Martin Williams, Barrister, Shakespeare Chambers, challenges the approach to the application of pt 2, under s 104 of the Act on the grounds that when Parliament moved in 1993 to make all other s 104 considerations “subject to Part 2”, it meant exactly that. Part 2 of the RMA is fundamental, and was intended by Parliament to have an “overarching” position.

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