New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Declaration under s 311 rma

Legal area

Court

2 Jul 2014

FALOON V PALMERSTON NORTH AIRPORT LIMITED CA49/2014 [2014] NZCA 291 [2 July 2014]

Citation

[2014] NZCA 291
Court

Court of Appeal

The Court dismissed the application for special leave because the applicant failed to demonstrate any question of law of general or public importance; the alleged factual errors were either immaterial to the Environment Court's substantive refusal to grant a declaration or were matters decided correctly by the High Court (including that the runway diversion was lawfully constructed), and findings made in the leave judgment could not constitute questions of law warranting a second appeal.
11 Dec 2013

FALOON v PALMERSTON NORTH AIRPORT LIMITED [2013] NZHC 3325

Citation

[2013] NZHC 3325
Court

High Court

Leave to appeal is refused because the applicant failed to identify a seriously arguable question of law of general or public importance; the Environment Court did not err in striking out the claim or in finding the runway diversion was lawfully constructed; the statutory provisions relied on did not establish a basis to overturn the conclusion; interlocutory applications were meritless and a hearing would not have changed the outcome.