6 Jul 2017
HAWKEʼS BAY REGIONAL INVESTMENT COMPANY LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2017] NZSC 106
- Citation
- [2017] 1 NZLR 1041
- Court
- Supreme Court
The Supreme Court held that s 18(7) revocation of specially protected status must be justified by reference to the intrinsic conservation values of the land to be revoked and may not be principally driven by a comparative or net‑benefit assessment to facilitate an exchange under s 16A; decision‑makers must take into account statutory planning instruments adopted under s 17A; an exchange under s 16A is a disposition that can engage marginal strip reservation under s 24 absent a valid exemption.