16 Dec 2005
THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC V THE MINISTER OF CONSERVATION AND ORS HC WN CIV-2005-485-2419
- Citation
- openlaw-b8ec301e_5d81_441f_b769_3e5807dbcbd7.pdf
- Court
- High Court
The court held that consent under s71 of the Wildlife Act 1953 is required from both the Minister of Conservation and the Minister charged with administration of the Coal Mines Act before Solid Energy may, under Coal Mining Licence 37 150, do any act or exercise any authority that will have the effect of hunting or killing, or having in its possession, any animal of a Powelliphanta species; neither the Coal Mines Act nor the coal mining licence nor its conditions constitute lawful authority for acts otherwise in breach of s63 nor do they constitute the joint consent required by s71.