New Zealand Case Law: Decisions & Judgments

Topic

Consultation and procedural fairness

Legal area

Court

13 Dec 2023

MUAŪPOKO TRIBAL AUTHORITY INCORPORATED v MINISTER FOR THE ENVIRONMENT [2023] NZCA 641

Citation

[2023] NZCA 641
Court

Court of Appeal

Clause 3.33 and Appendix 5 were quashed because the Minister's further consultation in adopting the vegetable exemption was inadequate in the factual and statutory context (seriously degraded taonga, competing iwi interests, incomplete disclosure of modelling/data and the prospect of introducing a new matter of national significance), so the Minister failed to comply with his RMA consultation obligations when materially amending the draft NPS‑FM; the appropriate remedy is quashing and directing reconsideration with proper consultation.
3 Dec 2019

KLINK v ENVIRONMENTAL PROTECTION AUTHORITY and COASTAL RESOURCES LIMITED [2019] NZHC 3161

Citation

(2019) 21 ELRNZ 493
Court

High Court

The Authority unlawfully failed to take into account the mandatory advice of the Māori Advisory Committee (s12 and s59(3)(c)) by not ensuring meaningful engagement with local iwi (notably Ngāti Rehua) and by relying on a limited consultation record and Auckland hearing; as a result the Decision was not properly informed from a Māori perspective and is quashed and remitted for reconsideration with proper regard to the Committee's advice and meaningful local engagement.
1 Apr 2010

VODAFONE NEW ZEALAND LIMITED V TELECOM NEW ZEALAND LIMITED HC WN CIV 2008-485-2194

Citation

openlaw-a7c7b3d3_6a7b_483e_bc72_67f198827513.pdf
Court

High Court

The Commission erred in law by abandoning exogenous optimisation and thereby ceasing to model the availability and effect of new technologies when calculating net cost, which meant it did not calculate the unavoidable net incremental costs to an efficient service provider as required by the Act; however the Commission's consideration of s 18 and its consultation processes were adequate. As a result the 2004/2005 and 2005/2006 determinations are set aside and remitted to the Commission for reconsideration.

New Zealand Case Law

MUAŪPOKO TRIBAL AUTHORITY INCORPORATED v MINISTER FOR THE ENVIRONMENT [2023] NZCA 641

KLINK v ENVIRONMENTAL PROTECTION AUTHORITY and COASTAL RESOURCES LIMITED [2019] NZHC 3161

VODAFONE NEW ZEALAND LIMITED V TELECOM NEW ZEALAND LIMITED HC WN CIV 2008-485-2194