20 Dec 2012
CANTERBURY REGIONAL COUNCIL v INDEPENDENT FISHERIES LIMITED COA CA438/2012
- Citation
- COA CA438/2012
- Court
- Court of Appeal
The Court held the Minister's additions to the RPS (chapters 12A and 22) were within the broad purposes of the CER Act insofar as they sought planning certainty to assist recovery, but both decisions were invalid because the Minister failed to demonstrate he had objectively and reasonably considered that the exercise of the s 27 power in October 2011 was necessary as opposed to merely expedient, given available alternatives (the pending Recovery Strategy and Recovery Plans) that entailed public participation.