New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory interpretation of ss91,95,95a,95b,95e,102
  • 12 Nov 2014

    BURNIE & ORS v BAY OF PLENTY REGIONAL COUNCIL & ORS [2014] NZHC 2807

    Citation
    [2014] NZHC 2807
    Court
    High Court

    Interim relief was declined because the applicant failed to demonstrate a real contest and a reasonable chance of success on the central argument that the applications should have been jointly heard; s91 was not engaged once the Regional Council decided not to notify; there was no necessity to preserve the applicant's position given minimal delay, no evidence the landfill could operate before the substantive hearing, and the residual discretion did not favour granting interim orders.

    • Notification under the rma
    • Affected persons and limited notification
    • Joint hearings under s102 rma
    • Interim relief under s8 judicature act 1972
    • Judicial review standards
    • Statutory interpretation of ss91,95,95a,95b,95e,102