New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Kaitiakitanga and treaty principles
  • 31 Oct 2022

    TE KOROWAI O NGARUAHINE TRUST v HIRINGA ENERGY LIMITED AND BALLANCE AGRI-NUTRIENTS LIMITED [2022] NZHC 2810

    Citation
    (2022) 24 ELRNZ269
    Court
    High Court

    The Panel acted within the FTCA framework and applied the Treaty clause s 6 consistently: it properly engaged with and relied upon CIAs, consultation and evidence, and imposed detailed conditions (including limits on turbine numbers, a decommissioning plan prepared with iwi/hapū, monitoring, consultative group membership and a transition reporting and review mechanism) that adequately addressed cultural and environmental concerns; downstream urea effects were considered but not found to have sufficient nexus or weight to defeat the proposal given the intended transition and monitoring; no leg…

    • Fast‑track consenting
    • Cultural impact assessment
    • Resource consent conditions
    • Decommissioning and rehabilitation
    • Downstream/end‑use effects (urea)
    • Kaitiakitanga and treaty principles