The recent High Court case Wellington City Council v Aitchison [2016] NZHC1264 was reviewed when assessing how the issue of retaining structures on the boundary should determine the ground level. We think that the definition is consistent with the findings of that case, but diagrams could be helpful to explain the different scenarios around a sloping and vertical retaining wall and its relation to the boundary, and therefore where the ground level should be taken from. means water occupying openings, cavities, or spaces in soils Provided to enable the potential effects of activities and discharges on groundwater to groundwater or rocks under the surface of the be managed. means any room in a , , , or healthcare facility used for the It is considered that this definition accurately provides the ability to manage the effects habitable room purposes of teaching, respite care or used as a living room, on and from habitable rooms for those parts of a building that the occupants are most dining room, sitting room, bedroom, or similarly occupied likely to frequent for extended periods of time or otherwise use to seek solace in. It is room considered that the definition captures the main living spaces of dwellings and potential noise-sensitive activities (which is generally what this definition is generally related to). Habitable room has been chosen over a habitable building on the basis that it provides for a greater level of refinement in a rule. If a habitable building needs to be captured by the rules this can be achieved by a definition similar to building that contains one ‘a or more habitable rooms’. As a result of feedback, the definition specifies what the primary use of the room should be (living, dining, sitting, bedroom, teaching, respite) and so specified the relevant activities instead of a list of excluded room/space types. RMA definition hazardous has the same meaning as in section 2 of the RMA (as set out in the substance box below) means the vertical distance between at any point and the Of the 26 height highest part of the immediately above that point the definition. One [in relation to a not be de facto district plan] for chimneys) on
The recent High Court case Wellington City Council v Aitchison [2016] NZHC1264 was reviewed when assessing how the issue of retaining structures on the boundary should determine the ground level. We think that the definition is consistent with the findings of that case, but diagrams could be helpful to explain the different scenarios around a sloping and vertical retaining wall and its relation to the boundary, and therefore where the ground level should be taken from. groundwater means water occupying openings, cavities, or spaces in soils or rocks under the surface of the Provided to enable the potential effects of activities and discharges on groundwater to be managed. habitable room means any room in a , , , or healthcare facility used for the purposes of teaching, respite care or used as a living room, dining room, sitting room, bedroom, or similarly occupied room It is considered that this definition accurately provides the ability to manage the effects on and from habitable rooms for those parts of a building that the occupants are most likely to frequent for extended periods of time or otherwise use to seek solace in. It is considered that the definition captures the main living spaces of dwellings and potential noise-sensitive activities (which is generally what this definition is generally related to). Habitable room has been chosen over a habitable building on the basis that it provides for a greater level of refinement in a rule. If a habitable building needs to be captured by the rules this can be achieved by a definition similar to ‘a building that contains one or more habitable rooms’. As a result of feedback, the definition specifies what the primary use of the room should be (living, dining, sitting, bedroom, teaching, respite) and so specified the relevant activities instead of a list of excluded room/space types. hazardous substance has the same meaning as in section 2 of the RMA (as set out in the box below) RMA definition height [in relation to a district plan] means the vertical distance between at any point and the highest part of the immediately above that point Of the 26 the definition. One not be de facto for chimneys) on
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