Can I challenge the Council or NZ Traffic Agency decision?

Question: My Council, or the NZ Transport Agency, says I can't do what I want to on my property because it will generate too much traffic and/or the extra traffic will make the road unsafe. Is this the end of the matter, or can I challenge their decision?

Answer: This is virtually never the end of the matter. In fact, the only activities you are not able to carry out and/or apply for consent to carry out, are those listed as "prohibited" in your district plan. Prohibited activities almost never relate to traffic, transport, roads/access or parking.

If your proposal is not "permitted" but also not prohibited, then you will have to apply for consent, but the Council and/or Transport Agency are legally obliged to process your application and must use the principles of natural justice in their consideration of it. If the non-compliance(s) relate to traffic, transport, roads/access or parking, then it is likely you will need a traffic report to support your application. 


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