New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial review/leave to appeal

Legal area

Court

17 Apr 2014

ENVIRONMENT DEFENCE SOCIETY INCORPORATED v THE NEW ZEALAND KING SALMON COMPANY LIMITED [2014] NZSC 41

Citation

[2014] NZSC 41
Court

Supreme Court

The Supreme Court granted leave to appeal because the appeals raised matters of public importance and novel questions of law under the RMA — specifically the legal status of NZCPS policies in relation to ss 66 and 67 and the interplay between the precautionary principle and adaptive management — and exceptional circumstances justified a direct hearing in this Court rather than remittal to the Court of Appeal.
13 Jun 2012

Ellwood v Accident Compensation Corporation

Citation

[2012] NZACC 195
Court

District Court

After directed further expert evidence was obtained, Judge Beattie reasonably preferred the respondent's expert evidence that the appellant's ongoing neck pain was due to pre-existing degenerative disease and not ongoing nerve root compression caused by the 1998 accident; the evidence gathering satisfied Mallon J's requirement for a sufficient basis and, applying the flexible civil standard, there was no seriously arguable legal error to justify leave to appeal; leave refused.