1 Aug 2022
THE TRUSTEES OF THE MOTITI ROHE MOANA TRUST v BAY OF PLENTY REGIONAL COUNCIL [2022] NZHC 1846
- Citation
- [2022] NZHC 1846
- Court
- High Court
The Environment Court does not possess a general supervisory judicial review jurisdiction under s310 RMA to review administrative decisions of a council under Schedule 1 cl 8D beyond determining the express procedural conditions (timing, notice, giving of reasons); the High Court has jurisdiction to judicially review such administrative decisions. On the facts the Bay of Plenty Regional Council took Treaty principles into account as required by s8 RMA, provided adequate reasons, acted within cl8D and its withdrawal of PC9 was lawful and not irrational given imminent NPS-FM 2020 implementation…