8 Dec 2015
HURUNUI WATER PROJECT LTD v CANTERBURY REGIONAL COUNCIL [2015] NZHC 3098
- Citation
- [2015] NZHC 3098
- Court
- High Court
The High Court allowed the appeals, holding the Environment Court erred in concluding that leave is required to withdraw an appeal simply because a consent memorandum had been filed and erred in finding that withdrawal in these circumstances was an abuse of process. A consent memorandum is a negotiated position submitted for the Court's endorsement and does not, without Court orders, amount to a new binding decision, an irrevocable undertaking, or render the consent authority functus officio; consequently Mullen v Parkbrook Holdings Ltd governs and parties may withdraw appeals absent clear ab…