2 Jun 2009
NGATI RANGI TRUST, TAMAHAKI INC SOCIETY AND WHANGANUI RIVER MAORI TRUST BOARD V GENESIS POWER LIMITED AND ANOR CA CA518/2007
- Citation
- openlaw-da3688fc_3de8_4bad_baef_b3dc4ff5fab3.pdf
- Court
- Court of Appeal
The Court of Appeal dismissed the appellants' appeal, affirmed that the Environment Court must reconsider the term of the consents in light of the High Court's reasoning (noting the High Court's view that review conditions can permit wholesale review), and held that shortening consent terms is not an appropriate procedural solution to an evidential gap; the Environment Court must either decide on the evidence before it or call for narrowly targeted further evidence on mitigation measures.