2 Sept 2016
THE ENVIRONMENTAL PROTECTION AUTHORITY v CHATHAM ROCK PHOSPHATE LIMITED [2016] NZHC 2079
- Citation
- [2016] NZHC 2079
- Court
- High Court
A defendant may not successfully plead the illegality of EPA charges as a defence to a recovery action brought by the EPA in a summary judgment context; the appropriate route to challenge the lawfulness of the charges is by judicial review (with application for interim relief under s8 of the Judicature Amendment Act 1972 if suspension of enforcement is sought); accordingly the Court adjourned the EPA's summary judgment application to allow the defendant time to commence judicial review and seek interim relief rather than enter summary judgment immediately.