29 Jul 2021
TE RŪNANGA O NGĀTI AWA v BAY OF PLENTY REGIONAL COUNCIL [2021] NZCA 354
- Citation
- [2021] NZCA 354
- Court
- Court of Appeal
The Court granted leave to appeal on five focused questions of law reformulated from the applicants' petitions because those questions raised arguable points of law concerning the scope of environmental effects (end-use plastic bottles), the role of Part 2 and Treaty considerations, and the correct legal characterisation of the activity under the district plan and s127; challenges to factual findings about tikanga evidence were not granted leave because identification of tikanga is principally a factual question for expert evidence or the Maori Appellate Court as explained in Takamore v Clark…