Environment Court Decision on Cross-Lease Titles - Sept-2018

[Brent George]

Application: ENV-2017-AKL-000185
Decision:  2018 NZEnvC 180

The Environment Court decision on Don McKay’s application for a declaration from the Environment Court that the conversion of cross-leased titles to fee simple titles is not a subdivision within the meaning of section 218 of the Resource Management Act 1991 can be found at the link below.

The case was heard in the Environment Court in Auckland on 23 April 2018, and the decision is dated 25 September 2018.

The application was DECLINED.

2018_NZEnvC_180_McKay.PDF

[Pat Sole]

Don McKay and NZIS should be commended for seeking this declaration. I believe the decision is appropriate (that conversion is a subdivision under the RMA), but the latter part of the judgement infers Council's should be mindful of the effects (which are generally minor) in setting conditions. However, I am (again) astounded that the regulatory bodies (Mfe, LINZ, Councils) have chosen not to be represented.