New Zealand Case Law: Decisions & Judgments

Topic

Statutory consultation

Legal area

Court

20 Sept 2021

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v MINISTER OF FISHERIES [2021] NZHC 2468

Citation

[2021] NZHC 2468
Court

High Court

The court amended the previously granted stay to run until 1 October 2022 because any new TAC/TACC for East Coast tarakihi could only be implemented at the start of the next fishing year (1 October 2022), and including East Coast tarakihi in the established October 2022 sustainability round better accommodated consultation and tangata whenua participation and offered no less access to the updated stock assessment than an expedited standalone process.
19 Jun 2017

LOWER NORTH ISLAND RED DEER FOUNDATION INC v THE MINISTER OF CONSERVATION [2017] NZHC 1346

Citation

[2017] NZHC 1346
Court

High Court

The 2015 decision fixing the WARO framework and altered land boundaries was invalid because, given the significance of the changes, prior consultation with the identifiable recreational hunting body was required by natural justice and was not provided; that failure rendered the process unfair and the decision invalid.
20 Dec 2013

THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY FOR PRIMARY INDUSTRIES [2013] NZSC 154

Citation

[2013] NZSC 154
Court

Supreme Court

By majority the Court held the Director-General lawfully responded to the independent review: he accepted the panel's recommendations, commissioned and considered further quantitative work, and made a reasoned determination under ss22/22A; the EpiX modelling did not amount to a new risk assessment requiring fresh consultation under s22(6); consequently the April 2011 import health standards were lawfully issued and the appeal was dismissed.
11 Jul 2012

KAWERAU INTERMEDIATE SCHOOL BOARD OF TRUSTEES V MINISTER OF EDUCATION HC ROT CIV 2012-463-000138

Citation

openlaw-4cf9ed86_935c_49c6_8dec_cf707bd333f0.pdf
Court

High Court

The Minister complied with statutory consultation requirements, adequately considered educational outcomes and relevant policy objectives, the record did not demonstrate reliance on incorrect information sufficient to invalidate consultation, and there was no evidence of bias or predetermination; accordingly the judicial review application was dismissed.
19 Dec 2007

TONI COLIN REIHANA V DIRECTOR-GENERAL OF CONSERVATION HC INV CIV 2005-425-000075

Citation

openlaw-fe1c0817_e032_4e9f_bd6f_997a144ac7f5.pdf
Court

High Court

The Court held that s48(1)(d) does not limit consultation to actual beneficial owners; the Director-General lawfully and reasonably consulted beneficial owners, potential owners, the Rakiura Titi Committee, Rakiura Maori and Te Runanga o Ngai Tahu; the consultation process met statutory obligations and was not irrational or in breach of s4; the applicant's challenge was therefore dismissed.

New Zealand Case Law

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v MINISTER OF FISHERIES [2021] NZHC 2468

LOWER NORTH ISLAND RED DEER FOUNDATION INC v THE MINISTER OF CONSERVATION [2017] NZHC 1346

THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY FOR PRIMARY INDUSTRIES [2013] NZSC 154

KAWERAU INTERMEDIATE SCHOOL BOARD OF TRUSTEES V MINISTER OF EDUCATION HC ROT CIV 2012-463-000138

TONI COLIN REIHANA V DIRECTOR-GENERAL OF CONSERVATION HC INV CIV 2005-425-000075