PORT OTAGO LIMITED v ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED [2020] NZCA 246
Leave to appeal was granted because the Court considered there was a question of law of sufficient importance and arguability: specifically whether the High Court misapplied the Supreme Court's King Salmon decision in relation to the resource management issues raised.
Source-derived case information.
- Citation
- [2020] NZCA 246
- Parties
- Applicant: Port Otago Limited; First Respondent: Environmental Defence Society Incorporated; Second Respondent: Otago Regional Council; Third Respondent: Royal Forest and Bird Protection Society of New Zealand Incorporated; Fourth Respondent: Marlborough District Council
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 23 June 2020
- Procedural Posture
- Application for Leave to Appeal / Leave Granted; Judgment on the Papers
- Outcome
- Leave to appeal granted
- Legal Topics
- Judicial Review, Statutory Interpretation, Application of King Salmon Test, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Port Otago Limited
Applicant
Environmental Defence Society Incorporated
First Respondent
Otago Regional Council
Second Respondent
Royal Forest and Bird Protection Society of New Zealand Incorporated
Third Respondent
Marlborough District Council
Fourth Respondent
Procedural Posture
Application for Leave to Appeal / Leave Granted; Judgment on the Papers
Legal Issues
- 1 Whether the High Court misapplied the Supreme Court's decision in Environment Defence Society Inc v New Zealand King Salmon Co Ltd
- 2 Proper application of the King Salmon test to resource management planning decisions
Ratio Decidendi
Leave to appeal was granted because the Court considered there was a question of law of sufficient importance and arguability: specifically whether the High Court misapplied the Supreme Court's King Salmon decision in relation to the resource management issues raised.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted on the question: Did the High Court misapply the Supreme Court's decision in Environment Defence Society Inc v New Zealand King Salmon Co Ltd?
Full Case Text
Judgment text and source record
1 paragraphs
PORT OTAGO LIMITED v ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED [2020] NZCA 246[23 June 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA240/2020[2020] NZCA 246BETWEEN PORT OTAGO LIMITEDApplicantAND ENVIRONMENTAL DEFENCE SOCIETYINCORPORATEDFirst RespondentOTAGO REGIONAL COUNCILSecond RespondentROYAL FOREST AND BIRDPROTECTION SOCIETY OFNEW ZEALAND INCORPORATEDThird RespondentMARLBOROUGH DISTRICT COUNCILFourth RespondentCourt: Cooper and Brown JJCounsel: L A Anderson QC for ApplicantD A Allan and M C Wright for First RespondentA J Logan for Second RespondentP D Anderson and W Jennings for Third RespondentJ W Maassen and B Mead for Fourth RespondentJudgment:(On the papers)23 June 2020 at 10.30 amJUDGMENT OF THE COURTThe application for leave to appeal is granted on the following question of law:Did the High Court misapply the Supreme Court's decision in EnvironmentDefence Society Inc v New Zealand King Salmon Co Ltd?1____________________________________________________________________Solicitors:McMillan & Co, Dunedin for ApplicantEllis Gould, Auckland for First RespondentRoss Dowling Marquet Griffin, Dunedin for Second Respondent1 Environment Defence Society Inc v New Zealand King Salmon Co Ltd [2014] NZSC 38, [2014]1 NZLR 593.