COROMANDEL WATCHDOG OF HAURAKI INCORPORATED V CHIEF EXECUTIVE OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND ANOR HC AK CIV 2004-485-1838

COROMANDEL WATCHDOG OF HAURAKI INCORPORATED V CHIEF EXECUTIVE OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND ANOR HC AK CIV 2004-485-1838

Leave to appeal was declined because the proposed question was insufficiently framed for s144 purposes, the issue was not shown to be of sufficient public or general importance given the council's non-involvement and absence of evidence of wider impact, and the applicant's position was not capable of serious argument in light of prior Environment Court and High Court findings limiting use of prohibited activity status to activities that should in no circumstances be allowed during the life of the plan.

Citation
openlaw-30147d6e_a6d9_42eb_b7af_28237f5b1478.pdf
Parties
Applicant / Intended Appellant: Coromandel Watchdog of Hauraki Incorporated; Intended First Respondent: Chief Executive of the Ministry of Economic Development; Intended Second Respondent: New Zealand Minerals Industry Association; Local Authority: Thames-Coromandel District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2005
Procedural Posture
Application for Leave to Appeal Under S144 Summary Proceedings Act 1957 and S308 Resource Management Act 1991 / High Court Hearing and Judgment on Leave Application (leave Declined)
Outcome
application for leave to appeal declined
Legal Topics
Prohibited Activity Status, District Plan Classification, Leave to Appeal Under S144, Statutory Interpretation
Resource Management Law Administrative Law Planning Law Appeal/procedure Prohibited Activity Status District Plan Classification Leave to Appeal Under S144 Statutory Interpretation

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Parties

Coromandel Watchdog of Hauraki Incorporated

Applicant / Intended Appellant

Chief Executive of the Ministry of Economic Development

Intended First Respondent

New Zealand Minerals Industry Association

Intended Second Respondent

Thames-Coromandel District Council

Local Authority

Procedural Posture

Application for Leave to Appeal Under S144 Summary Proceedings Act 1957 and S308 Resource Management Act 1991 / High Court Hearing and Judgment on Leave Application (leave Declined)

Legal Issues

  1. 1 Whether the High Court erred in its approach to prohibited activity status under the Resource Management Act
  2. 2 Whether the proposed question of law is of public or general importance
  3. 3 Whether the applicant's position is capable of serious argument

Ratio Decidendi

Leave to appeal was declined because the proposed question was insufficiently framed for s144 purposes, the issue was not shown to be of sufficient public or general importance given the council's non-involvement and absence of evidence of wider impact, and the applicant's position was not capable of serious argument in light of prior Environment Court and High Court findings limiting use of prohibited activity status to activities that should in no circumstances be allowed during the life of the plan.

Court Disposition

application for leave to appeal declined

Orders

  • Leave to appeal declined
  • Costs reserved