ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v NEW ZEALAND TRANSPORT AGENCY [2021] NZSC 52
The Supreme Court granted leave to appeal because the question whether the High Court was correct to dismiss the appeal against the Board of Inquiry raised arguable legal errors and matters of sufficient public and legal importance to warrant appellate determination.
Source-derived case information.
- Citation
- [2021] NZSC 52
- Parties
- Applicant: Royal Forest and Bird Protection Society of New Zealand Incorporated; Respondent: New Zealand Transport Agency
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 28 May 2021
- Procedural Posture
- Appeal From High Court Against Board of Inquiry Decision / Leave to Appeal Granted; Appeal to Proceed on Approved Question
- Outcome
- Leave to appeal granted; single question approved for appeal
- Legal Topics
- Leave to Appeal, Judicial Review, Board of Inquiry, Statutory Interpretation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Forest and Bird Protection Society of New Zealand Incorporated
Applicant
New Zealand Transport Agency
Respondent
Procedural Posture
Appeal From High Court Against Board of Inquiry Decision / Leave to Appeal Granted; Appeal to Proceed on Approved Question
Legal Issues
- 1 Whether the High Court was correct to dismiss the appeal against the decision of the Board of Inquiry
- 2 Whether leave to appeal to the Supreme Court should be granted on questions of public and legal importance
Ratio Decidendi
The Supreme Court granted leave to appeal because the question whether the High Court was correct to dismiss the appeal against the Board of Inquiry raised arguable legal errors and matters of sufficient public and legal importance to warrant appellate determination.
Court Disposition
Leave to appeal granted; single question approved for appeal
Orders
- Leave to appeal to the Supreme Court is granted
- The approved question for appeal is whether the High Court was correct to dismiss the appeal against the decision of the Board of Inquiry
Full Case Text
Judgment text and source record
1 paragraphs
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v NEWZEALAND TRANSPORT AGENCY [2021] NZSC 52 [28 May 2021]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 25/2021[2021] NZSC 52BETWEEN ROYAL FOREST AND BIRDPROTECTION SOCIETY OF NEWZEALAND INCORPORATEDApplicantAND NEW ZEALAND TRANSPORT AGENCYRespondentCourt: O'Regan, Ellen France and Williams JJCounsel: S R Gepp, M C Wright and P D Anderson for ApplicantV E Casey QC and V S Evitt for RespondentJudgment: 28 May 2021JUDGMENT OF THE COURTA Leave to appeal to this Court is granted (Royal Forest andBird Protection Society of New Zealand Inc v New ZealandTransport Agency [2021] NZHC 390).B The approved question is whether the High Court wascorrect to dismiss the appeal against the decision of theBoard of Inquiry.____________________________________________________________________Solicitors:P D Anderson, Royal Forest and Bird Protection Society of New Zealand Inc, Christchurch forApplicantBuddle Findlay, Auckland for Respondent