14 Feb 2018
RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY LTD [2018] NZHC 146
- Citation
- [2018] NZHC 146
- Court
- High Court
Where access for mining is sought over reserve land the Crown Minerals Act provides the governing statutory regime and has primacy; the administering body (Council) must have regard to the Reserves Act and s 23 as relevant matters under s 60(2) Crown Minerals Act but is not required to give effect to s 23; the Council may weigh s 23 considerations (including economic benefits and proposed enhancement measures) against other relevant matters and may consider off-reserve mitigation/enhancement to the extent it is relevant to protection of reserve features, subject to administrative law constrai…