NGAI TE HAPU INCORPORATED AND NGA POTIKI A TAMAPAHORE TRUST v BAY OF PLENTY REGIONAL COUNCIL [2018] NZCA 202
The Court declined leave because the applicants failed to demonstrate an arguable point of law of general or public importance or a real prospect of success; accordingly the leave application was dismissed and costs awarded to the respondents.
Source-derived case information.
- Citation
- [2018] NZCA 202
- Parties
- Applicant: NGAI TE HAPU INCORPORATED; Applicant: NGA POTIKI A TAMAPAHORE TRUST; Respondent: BAY OF PLENTY REGIONAL COUNCIL; Respondent: THE ASTROLABE COMMUNITY TRUST
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 18 June 2018
- Procedural Posture
- Application for Leave to Appeal / Leave Application Heard and Declined (judgment Delivered 18 June 2018)
- Outcome
- Application for leave to appeal declined
- Legal Topics
- Leave to Appeal, Costs, Regional Council Decision
Source-derived case record
Summary, issues, holding and outcome
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Parties
NGAI TE HAPU INCORPORATED
Applicant
NGA POTIKI A TAMAPAHORE TRUST
Applicant
BAY OF PLENTY REGIONAL COUNCIL
Respondent
THE ASTROLABE COMMUNITY TRUST
Respondent
Procedural Posture
Application for Leave to Appeal / Leave Application Heard and Declined (judgment Delivered 18 June 2018)
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether applicants demonstrated an arguable point of law of general or public importance
- 3 Appropriate costs order
Ratio Decidendi
The Court declined leave because the applicants failed to demonstrate an arguable point of law of general or public importance or a real prospect of success; accordingly the leave application was dismissed and costs awarded to the respondents.
Court Disposition
Application for leave to appeal declined
Orders
- The application for leave to appeal is declined.
- The applicants are to pay the respondents one set of costs as for a standard application for leave to appeal on a band A basis together with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
NGAI TE HAPU INCORPORATED AND NGA POTIKI A TAMAPAHORE TRUST v BAY OF PLENTYREGIONAL COUNCIL [2018] NZCA 202 [18 June 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA280/2018[2018] NZCA 202BETWEEN NGAI TE HAPU INCORPORATED ANDNGA POTIKI A TAMAPAHORE TRUSTApplicantsAND BAY OF PLENTY REGIONAL COUNCILFirst RespondentTHE ASTROLABE COMMUNITY TRUSTSecond RespondentHearing: 11 June 2018Court: French, Cooper and Brown JJCounsel: T L Hovell for ApplicantsM E Casey QC for RespondentsJudgment: 18 June 2018 at 10.00 amJUDGMENT OF THE COURTA The application for leave to appeal is declined.B The applicants are to pay the respondents one set of costs as for a standardapplication for leave to appeal on a band A basis together with usualdisbursements.____________________________________________________________________[Reasons to follow]Solicitors:Atkins Holm Majurey Limited, Auckland for ApplicantsLowndes, Auckand for Respondents