New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Stewardship areas

Legal area

Court

31 Aug 2016

ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED V MINISTER OF CONSERVATION [2016] NZCA 411

Citation

[2016] NZCA 411
Court

Court of Appeal

Majority held the Director-General unlawfully applied the s 16A exchange enhancement test when revoking the conservation park designation under s 18(7). A revocation of specially protected status must be based on whether the land's own intrinsic conservation values no longer justify its special protection (ie whether it no longer merits its designation); comparative or net-gain benefits to the wider conservation estate are relevant only to an exchange decision under s 16A after lawful reclassification to stewardship, not to the s 18(7) revocation decision. The Director-General's revocation de…
19 Feb 2016

Royal Forest and Bird Protection Society of New Zealand Incorporated v Minister of Conservation [2016] NZHC 220

Citation

(2016) 19 ELRNZ 370
Court

High Court

Revocation of specially protected land and a subsequent exchange of stewardship land are legally distinct steps; however a revocation decision may lawfully take into account a proposed exchange so long as the decision‑maker is satisfied there is a good and proper basis for revocation grounded in the Conservation Act's purposes broadly interpreted. On the facts the Director‑General satisfied that requirement and the challenges to the revocation were dismissed; the marginal strips issue was premature.