New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Environment court procedure

Legal area

Court

5 Oct 2005

COROMANDEL MARINE FARMERS ASSOCIATION (INC) V THE WAIKATO REGIONAL COUNCIL HC AK CIV-2004-485-2004

Citation

openlaw-c1d78b69_72f4_412b_a3dc_b43b892f69a5.pdf
Court

High Court

The High Court lacked jurisdiction to resume the appeal because the matter had been concluded by a settlement on 2 May subject to the Environment Court's procedural directions; unilateral cancellation of that settlement was not established as effective and the appropriate remedies would have been damages or injunction, so the appeal is dismissed but costs are reserved.
28 Apr 2005

HUIA RESORTS LIMITED V ASHBURTON DISTRICT COUNCIL CA CA29/05

Citation

openlaw-7d8cbd84_c7e6_43e3_a7bf_f6fce155b9ab.pdf
Court

Court of Appeal

The application for special leave to bring a second appeal was dismissed because the questions of law advanced were either too narrow and fact‑specific, or were essentially factual determinations by the Environment Court; they did not meet the statutory threshold of sufficient public or private importance required for a second appeal under s 308 RMA and s 144 Summary Proceedings Act.