16 Dec 2015
NEW ZEALAND CARBON FARMING LIMITED AND ANOR V MIGHTY RIVER POWER LIMITED [2015] NZCA 605
- Citation
- [2015] NZCA 605
- Court
- Court of Appeal
Clause 2.1(d) must be read in the contract's commercial and factual context: the parties negotiated and fixed schedule volumes on the basis of expected FMA entitlements, the FMA regime was being implemented and was the accounting approach relevant to the parties' bargain, and the clause was intended to catch future changes replacing the FMA, not to treat implementation of the FMA as an amendment triggering pro rata scaling; appeal dismissed and cross‑appeal dismissed.