[2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]
...people predominantly in their retirement" is fully within the scope of those aspects of the ordinary meanings of "residential activity" and "dwellinghouse". No issue of commercial activity in relation to ownership, rents or licence arrangements affects that residential character. As in Hawkestone, such matters would not be determinative in any event. The purposive approach employed by Chisholm Jin that case provides clear guidance for the 12 question in...