New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Permit revocation
  • 23 May 2011

    TUI TRUST MINING LIMITED v MINISTER OF ENERGY HC WN CIV-2011-485-136

    Citation
    openlaw-e6ee498c_c1a5_4376_82bb_89e30e7a262d.pdf
    Court
    High Court

    The appeal was dismissed because the appellant failed to prove circumstances beyond its control that excused non-compliance and failed to demonstrate reasonable, tangible efforts to remedy the breach by the longstop date; the appellant bore the onus and did not show sufficient diligence or concrete progress in obtaining access, consents or contracts to justify continuation of the permit.

    • Permit revocation
    • Crown minerals act s39
    • Reasonable cause for non-compliance
    • Reasonable efforts to remedy
    • Land access for mining
    • Work programme compliance