PORT OTAGO LIMITED v ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED [2022] NZSC 23
The Supreme Court granted leave because the appeal raises a question of law of public or general importance—specifically whether the Court of Appeal was correct to dismiss the appeal—and therefore merits determination by this Court.
Source-derived case information.
- Citation
- [2022] NZSC 23
- 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
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 March 2022
- Procedural Posture
- Appeal to the Supreme Court / Leave to Appeal Granted; Hearing Scheduled for 11 and 12 April 2022
- Outcome
- Leave to appeal granted; appeal to be heard on 11 and 12 April 2022
- Legal Topics
- Leave to Appeal, Appeal From Court of Appeal, Procedural Timetable, Judicial Review
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
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
Appeal to the Supreme Court / Leave to Appeal Granted; Hearing Scheduled for 11 and 12 April 2022
Legal Issues
- 1 Whether the Court of Appeal was correct to dismiss the appeal
- 2 Whether leave to appeal should be granted to consider that question
Ratio Decidendi
The Supreme Court granted leave because the appeal raises a question of law of public or general importance—specifically whether the Court of Appeal was correct to dismiss the appeal—and therefore merits determination by this Court.
Court Disposition
Leave to appeal granted; appeal to be heard on 11 and 12 April 2022
Orders
- Leave to appeal granted (Port Otago Ltd v Environmental Defence Society Inc [2021] NZCA 638).
- Approved question for appeal: whether the Court of Appeal was correct to dismiss the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
PORT OTAGO LIMITED v ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED [2022] NZSC 23[17 March 2022]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 6/2022[2022] NZSC 23BETWEEN PORT OTAGO LIMITEDApplicantAND ENVIRONMENTAL DEFENCE SOCIETYINCORPORATEDFirst RespondentOTAGO REGIONAL COUNCILSecond RespondentROYAL FOREST AND BIRDPROTECTION SOCIETY OF NEWZEALAND INCORPORATEDThird RespondentMARLBOROUGH DISTRICT COUNCILFourth RespondentCourt: William Young, Glazebrook and Ellen France JJCounsel: L A Andersen QC for ApplicantD A Allan and M C Wright for First RespondentS J Anderson and T M Sefton for Second RespondentP D Anderson and S T Shaw for Third RespondentJ W Maassen and B D Mead for Fourth RespondentJudgment: 17 March 2022JUDGMENT OF THE COURTA Leave to appeal is granted (Port Otago Ltd v EnvironmentalDefence Society Inc [2021] NZCA 638).B The approved question is whether the Court of Appeal wascorrect to dismiss the appeal.____________________________________________________________________REASONS[1] The Registrar is directed to set the appeal down for hearing on 11 and 12 April2022 and to liaise with the parties as to a timetable for filing submissions.Solicitors:McMillan&Co, Dunedin for ApplicantEllis Gould, Auckland for First RespondentRoss Dowling Marquet Griffin, Dunedin for Second RespondentRoyal Forest and Bird Protection Society of New Zealand Inc, Christchurch for Third RespondentMarlborough District Council, Blenheim for Fourth Respondent