1 Dec 2020
POUTAMA KAITIAKI CHARITABLE TRUST AND D & T PASCOE v TARANAKI REGIONAL COUNCIL [2020] NZHC 3159
- Citation
- (2020) 22ELRNZ 202
- Court
- High Court
The High Court dismissed the appeal. The Environment Court did not err in law by issuing an interim decision where final mitigation depended on the acquisition agreement and Further Mitigation Agreement with Ngāti Tama; the Court properly applied RMA principles (ss6,7,8) and had sufficient evidence to conclude Ngāti Tama held mana whenua and exercised kaitiakitanga for the project area while rejecting Poutama's competing factual claims; compensation and acquisition issues for the Pascoes lie in the Public Works Act process and the Environment Court reasonably concluded the haul road, storage…