20 Dec 2011
PIONEER GENERATION LIMITED V NEW ZEALAND FISH AND GAME COUNCIL AND OTAGO FISH AND GAME COUNCIL HC DUN CIV-2011-412-000445
- Citation
- openlaw-98b174f0_0127_4acc_a78d_7cab552e3c26.pdf
- Court
- High Court
The High Court declined to grant declarations because (1) a WCO is a statutory planning process falling within Fish and Game's advocacy powers under Part 5A, and (2) the crucial question whether Gollum galaxiids and their habitat have a plausible connection to sports fish is a factual issue requiring expert evidence and resolution by the Environment Court, so declaratory relief is inappropriate in circumstances of inadequate evidence.