New Zealand Case Law: Decisions & Judgments

Topic

Concession regime

Legal area

Court

30 Nov 2023

SOUTHERN RANGES LIMITED v COMMISSIONER OF CROWN LANDS [2023] NZHC 3471

Citation

[2023] NZHC 3471
Court

High Court

Reserve 3535 was validly reserved for national park/park purposes and thus is reserve land under the reserves legislation; that reserve status was not extinguished by registration of the lease; the Mount White lease falls within the Reserves Act definition of 'lease' and the 1989/2022 renewal involved the grant of a new lease caught by s 21(2) Reserves Amendment Act; the Reserves Amendment Act (and the Conservation Act concession regime) takes priority in respect of leases over reserve land so renewals over reserve land require a concession and the Commissioner lawfully excluded the Flats fro…
25 Sept 2015

REAY v THE MINISTER OF CONSERVATION [2015] NZCA 461

Citation

[2015] NZCA 461
Court

Court of Appeal

The Conservation Act concession regime applies to commercial eel fishing in conservation areas and the Minister of Conservation is entitled to consider the sustainability of the eel population and associated ecosystem effects when deciding concessions; further, use of marginal strips for preparatory conduct integral to commercial eeling requires a concession.
16 Dec 2014

NZSKI LTD v DIRECTOR-GENERAL OF CONSERVATION [2014] NZHC 3245

Citation

[2014] NZHC 3245
Court

High Court

The lease's renewal clauses (cl 1 and cl 26i), read in context and against the Reserves Act statutory framework, contemplate an offer by the lessor and acceptance by the lessee resulting in a new lease on renewal; therefore the 1996 amendments remove Ministerial power to grant a renewed lease and the concession regime under s59A/Part 3B of the Conservation Act will apply on expiry in 2022, and s17O(3)(b) does not avoid the concession requirement.
7 Aug 2014

REAY v THE MINISTER OF CONSERVATION [2014] NZHC 1844

Citation

[2014] NZHC 1844
Court

High Court

The Fisheries Act is not an exclusive code displacing the Conservation Act concession regime; a concession was required to carry on commercial eeling on conservation land and the two regimes operate in parallel with distinct purposes (utilisation v conservation). DOC lawfully considered effects on eel populations and conservation values when assessing concessions and did not impermissibly usurp Fisheries Minister functions, but DOC acted unlawfully by requiring separate conservancy applications and by use of a costs acknowledgement form that purported to secure an acknowledgement of liability…

New Zealand Case Law

SOUTHERN RANGES LIMITED v COMMISSIONER OF CROWN LANDS [2023] NZHC 3471

REAY v THE MINISTER OF CONSERVATION [2015] NZCA 461

NZSKI LTD v DIRECTOR-GENERAL OF CONSERVATION [2014] NZHC 3245

REAY v THE MINISTER OF CONSERVATION [2014] NZHC 1844