17 Aug 2023
THE CANYON VINEYARD LIMITED v CENTRAL OTAGO DISTRICT COUNCIL [2023] NZSC 108 [17 August 2023]
- Citation
- [2023] NZSC 108
- Court
- Supreme Court
The application for an extension of time and leave to appeal was dismissed because Canyon failed to demonstrate exceptional circumstances under s75 Senior Courts Act or satisfy s74 criteria; the Courts below had considered and lawfully rejected the kaitiakitanga evidence on the facts, correctly interpreted Objective 4.3.3 as allowing protection (maintain) rather than absolute avoidance of adverse effects, and there was no shown risk of miscarriage of justice making leave appropriate.