4 Jun 2009
ENVIRONS HOLDINGS LIMITED V THE ENVIRONMENT COURT AT AUCKLAND HC AK CIV 2009-404-3310
- Citation
- openlaw-de468ffe_3fd2_4c6e_9b1f_52ff4fad77ab.pdf
- Court
- High Court
Refusal to adjourn or stay the Environment Court appeals was within a reasonable exercise of discretion because a filed s33 claim is a factor to be weighed but does not automatically necessitate adjournment, resource consents are permissive rather than proprietary, the s33 process is uncertain and potentially lengthy, and existing procedural and statutory safeguards (including Ministerial approval for restricted coastal activities) mitigate prejudice to the claimant.