30 Aug 2007
NGATI RANGI TRUST& ORS V GENESIS POWER LTD AND ANOR CA CA275/07
- Citation
- openlaw-7671d0ff_e3f5_4d8c_8ba8_01abd1c1adca.pdf
- Court
- Court of Appeal
The Court of Appeal granted leave because there were two discrete questions of law of public importance suitable for second appeal: whether an evidential onus rested on the applicants to demonstrate appropriate mitigation measures, and whether the Environment Court's 'meeting of the minds' construct was directed to the RMA purpose of sustainable management. The Court did not decide the substantive issues but reframed those legal questions for appeal and awarded costs on the leave application.