New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Foreshore definition

Legal area

Court

12 Aug 2020

RICKARD v DEPARTMENT OF CONSERVATION [2020] NZCA 340

Citation

[2020] NZCA 340
Court

Court of Appeal

Leave for a second appeal was refused because the High Court correctly interpreted the National Parks Act: the relevant foreshore had previously been declared a conservation area and was validly added to Fiordland National Park, s 7(6) consent requirements did not apply, the MHWS line was established on unchallenged evidence, and no miscarriage of justice or issue of public importance was demonstrated.
20 Mar 2020

RICKARD v DEPARTMENT OF CONSERVATION [2020] NZHC 579

Citation

[2020] NZHC 579
Court

High Court

The certified Survey Office plan SO11763 and unchallenged expert survey evidence established the Fiordland National Park boundary as the straight MHWS line crossing the Waitutu River mouth and the defendants' fishing spots lay upstream of that line; although parts of that upstream area included land that met the physical definition of 'foreshore', those lands had already been declared conservation area and were validly added to the national park under s 7(1)(a)(i) of the National Parks Act without requiring the additional s 7(6) joint ministerial recommendation and regional council consent; s…