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- Title
Resource consent conditions - General legal principles on relevance and proportionality.
- Authors
Mitchell, Chris
- Abstract
The article offers the author's insights on legal principles on the relevance and proportionality of judicial decisions related to Resource Management Act (RMA) 1991. It states that application of the Newbury rules, which is enforced to planning consent conditions in England, has been supported by the New Zealand Court of Appeal. It adds that proportionality in Newbury rules has the most hard judgment since a condition cannot be disproportionate just because it is expensive or burdensome.
- Subjects
CONFLICT of judicial decisions; PROPORTIONALITY in law; RESOURCE management; NEW Zealand. Court of Appeal; RELEVANCE; LAW
- Publication
Survey Quarterly, 2012, Issue 70, p25
- ISSN
1173-5651
- Publication type
Article