7 Dec 2016
NGĀTI RANGI TRUST v MANAWATU-WHANGANUI REGIONAL COUNCIL [2016] NZHC 2948
- Citation
- [2016] NZHC 2948
- Court
- High Court
The Environment Court made material errors of law by failing to consider all relevant expert scenarios, by treating NZEL's late 'fall back' position as a controlled activity outside the scope of the pleaded appeal and beyond its jurisdiction, and by wrongly treating the existing environment as including the scheme in operation; the Environment Court's decision is quashed and must be reconsidered applying the correct s104 approach and respecting the scope of proceedings and One Plan controls.