What are special circumstances?

'Special circumstances' are those that are unusual or exceptional, but they may be less than extraordinary or unique. 4521 They will make notification desirable despite the general provisions excluding the need for notification. Public opinion may be a contributing factor but will not be determinative. 4522 The ‘special circumstances’ exception is an enabling power which the consent authority must consider in cases which are out of the ordinary and may, but is not obliged to, exercise. 4523

  1. Peninsula Watchdog Group Inc v Minister of Energy [1996] 2 NZLR 529

  2. Murray v Whakatane District Council [1997] NZRMA 433

  3. Housiaux v Kapiti Coast District Council (HC Wellington CIV-2003-485-2678, 19 March 2004)

Last updated at 10:39AM on January 5, 2018