Planning Tribunal determines enforcement of resource consent conditions

Ombudsmen Act 1975
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Ombudsmen Act 1975
Local Authority
Sir Brian Elwood
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Refusal of Local Authority to enforce its decision on a resource consent—decision subject to appeal to Planning Tribunal—investigation by Ombudsman unnecessary

A complaint was received that a local authority had refused unreasonably to take steps to enforce its decision to refuse a resource consent sought by a broadcaster to operate from a facility owned by another broadcasting company, The broadcaster had appealed to the Planning Tribunal against the local authority’s decision, The complainant believed the local authority should require the broadcaster to cease transmission pending the Tribunal’s decision. The local authority advised the complainant that it was not prepared to take enforcement action until the outcome of the appeal was known, It argued that if it applied to the Tribunal for an enforcement order, the Tribunal would be unlikely to deal with the enforcement issue until it had dealt with the appeal already before it, particularly as the appeal was against the decision in respect of which the local authority would be seeking an enforcement order,

Having considered the complainant’s submissions and the Local Authority’s views, it was concluded that an investigation was unnecessary given the involvement of the Planning Tribunal.

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.

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