19 May 2010
GXL ROYALTIES LIMITED V THE MINISTER OF ENERGY FOR NEW ZEALAND AND ORS CA304/2009
- Citation
- openlaw-4f1422f7_1d1d_4814_9437_11d1b80b4c73.pdf
- Court
- Court of Appeal
The Court affirmed that the 3 June 2008 email created at most a legitimate expectation of consultation/process not a substantive veto; the Minister was obliged to inform GXL before departing from that position but was not precluded from granting consent when acting within the statutory criteria of s 41 CMA; the asserted "special circumstances" did not fall within s 41(3) because protecting a private contractual right did not suffice absent impingement on statutory Crown Minerals purposes; relief was refused because quashing consent would have no practical effect, would prejudice public and th…