New Zealand Case Law

13 Dec 2023

MUAŪPOKO TRIBAL AUTHORITY INCORPORATED v MINISTER FOR THE ENVIRONMENT [2023] NZCA 641

Citation

[2023] NZCA 641

Court

Court of Appeal

Clause 3.33 and Appendix 5 were quashed because the Minister's further consultation in adopting the vegetable exemption was inadequate in the factual and statutory context (seriously degraded taonga, competing iwi interests, incomplete disclosure of modelling/data and the prospect of introducing a new matter of national significance), so the Minister failed to comply with his RMA consultation obligations when materially amending the draft NPS‑FM; the appropriate remedy is quashing and directing reconsideration with proper consultation.

• National policy statement for freshwater management 2020
• Consultation and procedural fairness
• Statutory interpretation of rma ss 46a and 52
• Exemptions to national bottom lines
• Judicial review of administrative decision