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Planning Bill

Enforcement and other matters - Enforcement - Declarations

231: Decision on application

You could also call this:

"The court makes a decision on your application after hearing from you and others."

Illustration for Planning Bill

You can apply to the court for a declaration. The court hears from you and others. The court can then make a decision. It can make the declaration you asked for, or a different one, or it can say no. You have the right to be heard if you were served with notice or if you have the right to be represented under clauses 53 to 54 of Schedule 9. The court makes a decision after hearing from everyone. It considers what you and others have said. The court has three options: it can make the declaration you asked for, make a different declaration, or decline to make one. This is what the court can do after hearing your application. It makes a decision based on what it thinks is necessary or desirable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528598.

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230: Notification of application, or

"Telling people about your application"


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232: Scope of enforcement order, or

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Part 6Enforcement and other matters
Enforcement: Declarations

231Decision on application

  1. After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under clauses 53 to 54 of Schedule 9, who wishes to be heard, the court may—

  2. make the declaration sought by an application under section 229, with or without modification; or
    1. make any other declaration that it considers necessary or desirable; or
      1. decline to make a declaration.