FULLERS BAY OF ISLANDS LIMITED AND ANOR V OTEHEI BAY HOLDINGS LIMITED AND ORS HC AK CIV-2009-404-7207

FULLERS BAY OF ISLANDS LIMITED AND ANOR V OTEHEI BAY HOLDINGS LIMITED AND ORS HC AK CIV-2009-404-7207

The Court held the additional Department of Conservation emails are relevant and discoverable because the plaintiffs' pleaded relief would, if granted, require a concession process under Part 3B of the Conservation Act and the state of the parties' negotiations and agreed terms would form the basis of any such concession application; accordingly the plaintiffs' interlocutory application for further discovery was granted subject to usual confidentiality undertakings and practical directions.

Citation
openlaw-785f7504_11e6_4e3f_a4ed_dd204ac5721a.pdf
Parties
First Plaintiff: Fullers Bay of Islands Limited; Second Plaintiff: Intercity Group (NZ) Limited; First Defendant: Otehei Bay Holdings Limited; Second Defendant: Explore NZ (2004) Limited; Third Defendant: The Minister of Conservation
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 May 2010
Procedural Posture
Hybrid Judicial Review and Civil Claim (lease, Concession and Fair Trading Act Issues) / Interlocutory Hearing Concerning Discovery Application and Related Interlocutory Matters
Outcome
Plaintiffs' application for further discovery granted; defendants' application to cross‑examine withdrawn.
Legal Topics
Discovery of Documents, Assignment and Variation of Lease, Concession Process Under Conservation Act Part 3 B, Public Access Corridor, Relevance for Judicial Review, Confidentiality of Discovered Material
Administrative Law Property Law Conservation Law Contract Law Civil Procedure Competition/consumer Law Discovery of Documents Assignment and Variation of Lease +4 more

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Parties

Fullers Bay of Islands Limited

First Plaintiff

Intercity Group (NZ) Limited

Second Plaintiff

Otehei Bay Holdings Limited

First Defendant

Explore NZ (2004) Limited

Second Defendant

The Minister of Conservation

Third Defendant

Procedural Posture

Hybrid Judicial Review and Civil Claim (lease, Concession and Fair Trading Act Issues) / Interlocutory Hearing Concerning Discovery Application and Related Interlocutory Matters

Legal Issues

  1. 1 Whether additional Department of Conservation email communications are relevant and discoverable
  2. 2 Whether the negotiations and proposed variation/new lease fall within the statutory concession process under Part 3B of the Conservation Act 1987
  3. 3 Whether the existing lease is unlawful and whether Fullers are entitled to relief requiring compliance with Part 3B

Ratio Decidendi

The Court held the additional Department of Conservation emails are relevant and discoverable because the plaintiffs' pleaded relief would, if granted, require a concession process under Part 3B of the Conservation Act and the state of the parties' negotiations and agreed terms would form the basis of any such concession application; accordingly the plaintiffs' interlocutory application for further discovery was granted subject to usual confidentiality undertakings and practical directions.

Court Disposition

Plaintiffs' application for further discovery granted; defendants' application to cross‑examine withdrawn.

Orders

  • Further discovery to include the remaining Department of Conservation email communications identified by the Minister (approximate volume noted) to be produced for inspection subject to the Court's usual undertakings and requirements as to confidentiality