New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Conservation management strategy

Legal area

Court

27 May 2021

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v NEW ZEALAND CONSERVATION AUTHORITY [2021] NZHC 1194

Citation

[2021] NZHC 1194
Court

High Court

The Paparoa National Park Management Plan 2017, insofar as it permits recreational aircraft landings in Paparoa National Park, derogates from the operative outcomes and policies of the West Coast Te Tai o Poutini Conservation Management Strategy 2010–2020; those specific provisions are invalid and severable and must be removed and a declaration issued that recreational aircraft landing concessions in the Park may not be granted (except for non-powered aircraft), with orders reflecting the strike-outs and consequential amendments identified by the Court.
6 Jul 2017

HAWKEʼS BAY REGIONAL INVESTMENT COMPANY LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2017] NZSC 106

Citation

[2017] 1 NZLR 1041
Court

Supreme Court

The Supreme Court held that s 18(7) revocation of specially protected status must be justified by reference to the intrinsic conservation values of the land to be revoked and may not be principally driven by a comparative or net‑benefit assessment to facilitate an exchange under s 16A; decision‑makers must take into account statutory planning instruments adopted under s 17A; an exchange under s 16A is a disposition that can engage marginal strip reservation under s 24 absent a valid exemption.