New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Undue adverse effect test

Legal area

Court

13 Aug 2010

MARLBOROUGH AQUACULTURE LIMITED V THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES HC WN CIV-2009-485-500

Citation

openlaw-23dc9746_e8fd_46f0_9101_a7b8bc0aaf42.pdf
Court

High Court

The Court ordered consolidation because common legal and factual questions predominated and consolidation reduced the risk of inconsistent outcomes; it adopted a limited approach to new evidence, allowing material that directly responds to the decision-maker's report under r 20.15(3) and applying r 20.16 standards for fresh/new evidence, admitting some expert evidence (with exclusions) and refusing other proposed updates that were available earlier or irrelevant.
12 Oct 2009

SANFORD LIMITED V THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES AND ANOR HC WN CIV-2009-485-379

Citation

openlaw-cae7208c_0752_469a_bdfd_a194c537cf68.pdf
Court

High Court

The Chief Executive lawfully exercised his powers under the Fisheries Act 1983 by approving part of the application (a 3,800 ha area) and imposing a condition limiting development to stage one (256 longlines); that assessment of undue adverse effects may be confined to the approved activity, staging conditions were lawful under s67J(10)(c), the decision was not irrational on the evidence, and consideration of the practical effect of the Transitional/New Regime did not render the decision unlawful.