RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC [2019] NZSC 6
The Supreme Court granted leave to appeal and framed the approved question as whether the Court of Appeal erred in setting aside the declarations made at [86] of the High Court judgment, thereby permitting appellate consideration of that issue.
Source-derived case information.
- Citation
- [2019] NZSC 6
- Parties
- Applicant: Rangitira Developments Limited; Respondent: Royal Forest and Bird Protection Society of New Zealand Incorporated
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 February 2019
- Procedural Posture
- Leave to Appeal to Supreme Court / Leave Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Declaratory Relief, Leave to Appeal, Appeal Review by Court of Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rangitira Developments Limited
Applicant
Royal Forest and Bird Protection Society of New Zealand Incorporated
Respondent
Procedural Posture
Leave to Appeal to Supreme Court / Leave Granted
Legal Issues
- 1 Whether the Court of Appeal erred in setting aside the declarations made at [86] of the High Court judgment
- 2 Whether leave to appeal should be granted to consider that question
Ratio Decidendi
The Supreme Court granted leave to appeal and framed the approved question as whether the Court of Appeal erred in setting aside the declarations made at [86] of the High Court judgment, thereby permitting appellate consideration of that issue.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal is granted (Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445).
- Approved question: whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) ELRNZ 312).
Full Case Text
Judgment text and source record
1 paragraphs
RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEWZEALAND INC [2019] NZSC 6 [20 February 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 105/2018[2019] NZSC 6BETWEEN RANGITIRA DEVELOPMENTS LIMITEDApplicantAND ROYAL FOREST AND BIRDPROTECTION SOCIETY OF NEWZEALAND INCORPORATEDRespondentCourt: William Young, O'Regan and Ellen France JJCounsel: J E Hodder QC and M R G Christensen for ApplicantM C Smith and P D Anderson for RespondentJudgment: 20 February 2019JUDGMENT OF THE COURTA Leave to appeal is granted (Royal Forest and BirdProtection Society of New Zealand Inc v RangitiraDevelopments Ltd [2018] NZCA 445).B The approved question is whether the Court of Appeal wasin error in setting aside the declarations made at [86] of thejudgment of the High Court (Rangitira DevelopmentsLtd v Royal Forest and Bird Protection Society Ltd [2018]NZHC 146, (2018) ELRNZ 312).____________________________________________________________________Solicitors:Natural Resources Law Ltd, Christchurch for ApplicantGilbert Walker, Auckland for Respondent