New Zealand Case Law: Decisions & Judgments

Topic

Water rights and resource consents

Legal area

Court

11 Dec 2012

THE NEW ZEALAND MAORI COUNCIL V THE ATTORNEY-GENERAL HC WN CIV 2012-485-2187

Citation

openlaw-dbb73a34_994c_491f_8b04_e8aeaa160550.pdf
Court

High Court

The Order in Council to commence the SOE Amendment/Public Finance Amendment regime and the subsequent amendment of MRP's constitution and sale of up to 49% of shares are not reviewable on the ground asserted because Parliament enacted the MOM regime and provided for Treaty-related protections (s 45Q/45W); the sale of shares is an exercise of the Crown's common law ownership right not a statutory power subject to s 9/s 45Q review; the claimants failed to show a material nexus between the share sale and the Crown's ability to recognise or provide redress for Māori proprietary water rights (shar…
24 Apr 2008

CRAGGY RANGE VINEYARDS LIMITED V I A CAMPBELL, J HUGHES AND S C BISS CA CA254/07

Citation

openlaw-66a86d2e_7634_426c_89ef_43cb8b7200cc.pdf
Court

Court of Appeal

The Court held that the 8 l/s bore consent obtained after Craggy Range declared the condition satisfied was properly attributable to the initial 25 l/s required for the 60 hectares and did not trigger additional payment under cl 20.2; the 50 l/s winter river consent did not trigger cl 20.2 because the agreement is predicated on summer flow rates when irrigation is required and did not treat stored winter water as a source for triggering additional payments absent clear contractual words; accordingly the High Court order for additional payment and consequential interest and costs was quashed a…
17 May 2007

CAMPBELL & ORS V CRAGGY RANGE VINEYARD LTD HC WN CIV - 2004-441-392

Citation

openlaw-de2f21f5_6850_4247_bd80_25952f6eef0c.pdf
Court

High Court

The Court held that the 8 L/s bore consent granted 23 March 2000 falls to be taken into account under clause 19 and gives rise to an additional payment of $317,020; the 50 L/s winter river consent does not trigger clause 20.2 because it did not provide summer irrigation without storage; the dam is storage not a new 'source' for clause 19.12 so clause 19.12 does not apply.

New Zealand Case Law

THE NEW ZEALAND MAORI COUNCIL V THE ATTORNEY-GENERAL HC WN CIV 2012-485-2187

CRAGGY RANGE VINEYARDS LIMITED V I A CAMPBELL, J HUGHES AND S C BISS CA CA254/07

CAMPBELL & ORS V CRAGGY RANGE VINEYARD LTD HC WN CIV - 2004-441-392