13 Dec 2022
THE TRUSTEES OF THE MOTITI ROHE MOANA TRUST v BAY OF PLENTY REGIONAL COUNCIL [2022] NZSC 144
- Citation
- [2022] NZSC 144
- Court
- Supreme Court
Leave to appeal by leapfrog was refused because the applicants failed to demonstrate exceptional circumstances under s75; the Environment Court lacks jurisdiction under s310 RMA to make broad declarations attacking the substantive lawfulness of a council's withdrawal decision beyond prescribed notice/timing conditions; the High Court correctly dismissed the judicial review grounds, including that the Council breached s8 RMA in withdrawing PC9, and any asserted prejudice to customary interests did not justify bypassing the Court of Appeal.