New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Consent appeals

Legal area

Court

4 Feb 2022

TRANSPOWER NEW ZEALAND LIMITED v TAURANGA ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED [2022] NZCA 9

Citation

[2022] NZCA 9
Court

Court of Appeal

Leave to appeal was declined because the core questions turned on a fact‑specific assessment of sufficiency of evidence (Bryson standard) which does not meet the s303 threshold of general or public importance and because the remaining legal questions depended on those factual determinations; accordingly the Court would not grant leave.
27 May 2021

TAURANGA ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED v TAURANGA CITY COUNCIL [2021] NZHC 1201

Citation

[2021] 3 NZLR 882
Court

High Court

The Environment Court's decision is quashed. Although bundling the assessment of removal and realignment was not unlawful, the Environment Court erred in law by substituting its own view for the considered, consistent evidence of Ngāti Hē about significant adverse cultural effects, by applying an impermissible 'overall judgment' approach rather than carefully interpreting and applying the RCEP (and where necessary the NZCPS, NPSET and Part 2), and by failing to properly test and satisfy itself that alternatives were not 'practicable', 'practical' or 'possible' as required by the RCEP policies…