[2024] NZEnvC 033 Yzendoorn v Hamilton City Council [pdf, 663 KB]
...Marlborough District Council v Zindia in support.23 [42] Ms Thomson concluded that “the underlying land use remains the outdoor storage of a shipping container. Making superficial additions and calling it public art does not in my planning judgement alter the underlying use”.24 [43] Ms Thomson states that, based on this underlying use, the installation requires resource consent as a non-complying activity in the Natural Open Space Zone. She notes that while the public art e...