NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2018] NZSC 41
Leave to appeal was granted because the appeal raised an arguable and sufficiently important question whether the Court of Appeal erred in dismissing the applicant's appeal, and the issue warranted consideration by the Supreme Court.
Source-derived case information.
- Citation
- [2018] NZSC 41
- Parties
- Applicant: Ngāi Tai ki Tāmaki Tribal Trust; First Respondent: Minister of Conservation; Second Respondent: Fullers Group Limited; Third Respondent: Motutapu Island Restoration Trust
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 May 2018
- Procedural Posture
- Supreme Court Leave to Appeal / Leave Granted
- Outcome
- Leave to appeal granted; approved question formulated for the appeal to the Supreme Court.
- Legal Topics
- Leave to Appeal, Judicial Review, Standing, Scope of Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngāi Tai ki Tāmaki Tribal Trust
Applicant
Minister of Conservation
First Respondent
Fullers Group Limited
Second Respondent
Motutapu Island Restoration Trust
Third Respondent
Procedural Posture
Supreme Court Leave to Appeal / Leave Granted
Legal Issues
- 1 Whether the Court of Appeal was correct to dismiss the applicant's appeal
- 2 Whether leave to appeal should be granted to determine issues of legal and public importance
- 3 Whether the Court of Appeal made an error of law or principle warranting Supreme Court intervention
Ratio Decidendi
Leave to appeal was granted because the appeal raised an arguable and sufficiently important question whether the Court of Appeal erred in dismissing the applicant's appeal, and the issue warranted consideration by the Supreme Court.
Court Disposition
Leave to appeal granted; approved question formulated for the appeal to the Supreme Court.
Orders
- Leave to appeal granted
- Approved question: whether the Court of Appeal was correct to dismiss the appeal of the applicant to that Court
Full Case Text
Judgment text and source record
1 paragraphs
NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2018] NZSC 41 [8 May 2018]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 11/2018[2018] NZSC 41BETWEEN NGĀI TAI KI TĀMAKI TRIBAL TRUSTApplicantAND MINISTER OF CONSERVATIONFirst RespondentFULLERS GROUP LIMITEDSecond RespondentMOTUTAPU ISLAND RESTORATIONTRUSTThird RespondentCourt: Elias CJ, William Young and O'Regan JJCounsel: A H C Warren for ApplicantC D Tyson and C C McKay for First RespondentA F Pilditch for Second RespondentS J M Mount QC and A R Longdill for Third RespondentJudgment: 8 May 2018JUDGMENT OF THE COURTA Leave to appeal is granted (Ngāi Tai ki Tāmaki Tribal Trustv Minister of Conservation [2017] NZCA 613).B The approved question is whether the Court of Appeal wascorrect to dismiss the appeal of the applicant to that Court.____________________________________________________________________Solicitors:McCaw Lewis, Hamilton for ApplicantCrown Law Office, Wellington for First RespondentCook Morris Quinn, Auckland for Second RespondentAlderton Mackenzie, Auckland for Third Respondent