21 Nov 2022
MADE GROUP LTD v KIWIRAIL HOLDINGS LTD [2022] NZHC 3038
- Citation
- [2022] NZHC 3038
- Court
- High Court
The application for a stay was declined because the High Court judicial review raises distinct issues of lawfulness about an alleged decision on 21 August 2020 that the Environment Court cannot determine; the Environment Court's s171 RMA role is limited to assessing adequacy of consideration of alternatives (process), not to adjudicating the lawfulness of the respondents' alleged decision, so a stay pending the Environment Court was inappropriate