New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Access arrangements

Legal area

Court

5 Nov 2019

RANGITIRA DEVELOPMENTS LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2019] NZSC 121

Citation

[2019] NZSC 121
Court

Supreme Court

Leave to appeal was granted because the reserve has been classified as a local purpose reserve under s16(1) of the Reserves Act 1977, which removed the mootness identified when leave was previously revoked, and the proposed appeal raises questions of general importance meriting consideration by this Court.
14 Feb 2018

RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY LTD [2018] NZHC 146

Citation

[2018] NZHC 146
Court

High Court

Where access for mining is sought over reserve land the Crown Minerals Act provides the governing statutory regime and has primacy; the administering body (Council) must have regard to the Reserves Act and s 23 as relevant matters under s 60(2) Crown Minerals Act but is not required to give effect to s 23; the Council may weigh s 23 considerations (including economic benefits and proposed enhancement measures) against other relevant matters and may consider off-reserve mitigation/enhancement to the extent it is relevant to protection of reserve features, subject to administrative law constrai…