[2018] NZEnvC 061 Friends of Nelson Haven and Tasman Bay Inc & Treble Tree Holdings Ltd v Marlborough District Council [pdf, 5.2 MB]
...all three Sites are properly classed as controlled activities, consents would have had to have been granted given s104A of the Resource Management Act 1991 ('RMA')4 However, the determination that the commissioner reached on lapsing informed his finding that all three Sites were to be assessed according to the most restrictive activity class (non-complying, for the Middle and Southern Sites), according to 4 S104A RMA qualifies that somewhat, namely with the proviso 'unl...