ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v AUCKLAND COUNCIL [2018] NZHC 1344
The court identified and expressly incorporated the previously omitted appendices (Appendix A: AUP maps of significant ecological areas; Appendix B: new Quarry Zone vegetation activity and related criteria) into the judgment and was satisfied the attachments are now included, exercising its power to correct the record.
Source-derived case information.
- Citation
- [2018] NZHC 1344
- Parties
- Appellant: Royal Forest and Bird Protection Society of New Zealand Incorporated; Respondent: Auckland Council; Intervener: Housing New Zealand Corporation Inc; Intervener: Federated Farmers of New Zealand Inc; Intervener: Stevenson Group Limited; Intervener: Fulton Hogan Limited; Intervener: Brookby Quarries Limited; Intervener: Winstone Aggregates Limited; Intervener: New Zealand Transport Agency; Intervener: Te Arai Group; Intervener: Transpower New Zealand Limited; Intervener: Transport NZ Ltd; Intervener: Environmental Defence Society Inc; Intervener: Man O'War Farm Limited; Intervener: Counties Manukau District Health Board
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 June 2018
- Procedural Posture
- Resource Management Appeal / Judgment (correction of Omission)
- Outcome
- Judgment amended to include omitted appendices
- Legal Topics
- Auckland Unitary Plan, Significant Ecological Areas, Quarry Zone Activity Status, Omission and Correction of Judgment Appendices, High Court Rules
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Forest and Bird Protection Society of New Zealand Incorporated
Appellant
Auckland Council
Respondent
Housing New Zealand Corporation Inc
Intervener
Federated Farmers of New Zealand Inc
Intervener
Stevenson Group Limited
Intervener
Fulton Hogan Limited
Intervener
Brookby Quarries Limited
Intervener
Winstone Aggregates Limited
Intervener
New Zealand Transport Agency
Intervener
Te Arai Group
Intervener
Transpower New Zealand Limited
Intervener
Transport NZ Ltd
Intervener
Environmental Defence Society Inc
Intervener
Man O'War Farm Limited
Intervener
Counties Manukau District Health Board
Intervener
Procedural Posture
Resource Management Appeal / Judgment (correction of Omission)
Legal Issues
- 1 Whether omitted appendices forming part of the judgment should be identified and included
- 2 Whether the appended material (SEA maps and new Quarry Zone activity provisions) alters the substantive decision
- 3 Whether the court may correct the record to add omitted attachments
Ratio Decidendi
The court identified and expressly incorporated the previously omitted appendices (Appendix A: AUP maps of significant ecological areas; Appendix B: new Quarry Zone vegetation activity and related criteria) into the judgment and was satisfied the attachments are now included, exercising its power to correct the record.
Court Disposition
Judgment amended to include omitted appendices
Orders
- Appendix A (AUP maps identifying significant ecological areas) and Appendix B (new Quarry Zone vegetation activity and related matters of discretion and assessment criteria) are included in this judgment dated 8 June 2018.
Full Case Text
Judgment text and source record
1 paragraphs
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED vAUCKLAND COUNCIL [2018] NZHC 1344 [8 June 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2016-404-2343[2018] NZHC 1344BETWEEN ROYAL FOREST AND BIRDPROTECTION SOCIETY OF NEWZEALAND INCORPORATEDAppellantAND AUCKLAND COUNCILRespondentContinued next pageHearing: On the papersCounsel: S Gepp and P Anderson for AppellantJ Caldwell and M Gribben for RespondentC Kirman and A Devine for Housing NZ Corporation IncR Gardner for Federated Farmers of New Zealand IncD Minhinnick and L J Eaton for Stevenson Group LtdB Matheson for Fulton Hogan Ltd, Brookby Quarries Ltd andWinstone Aggregates LtdC Sheard for New Zealand Transport AgencyT Howell for Te Arai GroupJ Gardner-Hopkins and L Hinchey for Transport NZ LtdR Enright and M Wright for Environmental Defence Society IncM Williams for Man O'War Farm LtdJudgment: 8 June 2018JUDGMENT (NO 2) OF WHATA JThis judgment was delivered by me on 8 June 2018 at 3.00 pm,pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate: .HOUSING NEW ZEALAND CORPORATION INCFEDERATED FARMERS OF NEW ZEALAND INCSTEVENSON GROUP LIMITEDFULTON HOGAN LIMITEDBROOKBY QUARRIES LIMITEDNEW ZEALAND TRANSPORT AGENCYWINSTONE AGGREGATES LIMITEDTE ARAI GROUPTRANSPOWER NEW ZEALAND LIMITEDENVIRONMENTAL DEFENCE SOCIETY INCMANO'WAR FARM LIMITEDCOUNTIES MANUKAU DISTRICT HEALTHBOARDSection 301 Parties[1] Subsequent to the delivery of my judgment in this matter, dated 18 May 2018,I heard from Mr Gribben, for Auckland Council. He noted that certain appendiceswere omitted from that judgment. For completeness, I now identify the omittedappendices, namely:(a) The AUP maps identifying the significant ecological areas on certainsites, as shown on Appendix A;(b) Including a new activity for any vegetation, alteration or removalwithin a Quarry Zone, within a SEA, along with matters of discretionand assessment criteria related to this new activity, as shown inAppendix B.[2] Having conferred with Mr Gribben, I am satisfied that the omitted attachmentsare now included in this judgment.