Zoning case at appeal today

Press, 10 May 1979, Page 2

Zoning case at appeal today

Wellington reporter A dispute over zoning rural land near Christchurch Airport will reach the Court of Appeal in Wellington today. Mr P. B. Laing, a produce merchant and Mr A. J. Hack, a horticulturist, are appealing against a decision given by Mr Justice Casey in the Supreme Court at Christchurch on June 8, 1977 in favour of the Waimairi

County Council. The appellants had posed three questions to hisi Honour who found in favour' of the council on all three. The plaintiffs live in a rural zone of the Waimairi

dintrict planning scheme, with farming as the pre-

dominant use of the land. Their land lies near the Air-

port which lies in Paparua County, is owned by Christ-

church City, and is run as a

.joint venture with the Crown. Waimairi County has changed the status of its land, under the Town and Country Planning Act, 1953. The plaintiffs asked his Honour to rule that the council had acted in excess of its powers, in abuse of its powers, or in an unreasonable manner in constituting the land as rural A land “which because of its exposure to the effects of air-

craft-generated noise is subject to residential building restrictions designed to minimise potential conflicts” between the working of the airport and land use in its vicinity.