3 Apr 2020
TRANS-TASMAN RESOURCES LIMITED v TARANAKI-WHANGANUI CONSERVATION BOARD [2020] NZCA 86
- Citation
- [2020] NZCA 86
- Court
- Court of Appeal
The Court dismissed TTR's appeal but upheld the High Court's quashing of the DMC decision on other legal grounds: the DMC failed to identify and apply the s 10(1)(b) environmental protection bottom line for discharges, failed to apply the information principles by placing critical informational obligations post-consent, failed to properly consider and give effect to Māori existing interests (including kaitiakitanga and tikanga) and failed to take adequate account of the nature and effect of the RMA/NZCPS in relation to impacts within the CMA; the High Court's finding that the DMC adopted an a…