IN THE Court of appeal OF new Zealand
	
CA21/2015
[2015] NZCA 225

BETWEEN	
NORTH CANTERBURY CLAY TARGET ASSOCIATION INCORPORATED
Applicant	

AND	
WAIMAKARIRI DISTRICT COUNCIL
Respondent	

Hearing:	
8 June 2015	

Court:	
Randerson, French and Winkelmann JJ	

Counsel:	
P A Steven QC for Applicant
A J Prebble for Respondent	

Judgment:	
10 June 2015 at 10:30 am	

JUDGMENT OF THE COURT

Leave to appeal is granted under s 308 of the Resource Management Act 1991 on the following questions:

(1)	Does rule 31.11.1.2 of the Waimakariri District Plan require compliance with specified noise limits at the notional boundary of any dwellinghouse in the Rural zone in existence from time to time, notwithstanding that the dwellinghouse was not in existence at the time the permitted activity was established?

(2)	Where a certificate of compliance has been issued under s 139 of the Resource Management Act, is the holder of the certificate subject to a continuing obligation to abide by the noise limitations specified in Rule 31.11.1.2, notwithstanding the changing surrounding physical environment?
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Solicitors: 
Corcoran French, Kaiapoi for Applicant
Cavell Leitch, Christchurch for Respondent