New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interim injunction / stay pending appeal
  • 18 Feb 2021

    NORMAN v TŪPUNA MAUNGA O TĀMAKI MAKAURAU AUTHORITY [2021] NZHC 201

    Citation
    [2021] NZHC 201
    Court
    High Court

    Interim injunction granted restraining respondents from implementing the decision to fell the identified 345 non-native trees on Ōwairaka until final determination of the appellants' appeal because without the injunction the appeal would be rendered nugatory given the irreversible nature of felling; on balance of convenience the applicants' interest in preserving the specific trees and ability to obtain effective relief on appeal outweighed the public and iwi interests in implementation subject to carve-outs for urgent health and safety works and a requirement that the appellants prosecute th…

    • Interim injunction / stay pending appeal
    • Statutory interpretation
    • Judicial review
    • Tikanga and treaty obligations
    • Resource consent notification
    • Archaeological heritage protection