Case Law

Matakana Coast Trail Trust v Auckland Council [2017] NZENVC 149, [2018] NZRMA 179

Auckland Council granted consent to subdivide a large block of forestry land at Moir Hill, near Warkworth.

At the Council hearing, Matakana Coast Trail Trust (MCTT) presented on the opportunity to provide for walking and cycling linkages through the site. The Commissioners could see no legal grounds to require the provision of such linkages, and found it was beyond  their ability to impose such a condition.

MCTT appealed, and sought the imposition of a condition requiring a connecting cycle trail between public roads to the north and the south of the subdivision, thereby enabling cyclists and pedestrians to travel through the area safely.

Bronwyn Carruthers, Partner, Russell McVeagh backgrounds this case and comments on the outcome