29 Sept 2023
HART & ORS, v MARLBOROUGH DISTRICT COUNCIL [2023] NZHC 2714
- Citation
- [2023] NZHC 2714
- Court
- High Court
The application for interim relief was dismissed: the Court accepted Rangitāne had a position to preserve and raised arguable novel issues (including Treaty and ultra vires arguments) but held that suspending the bylaw in whole was disproportionate given public safety and environmental risks and the lack of evidence quantifying use and prejudice; a narrower targeted exemption for tangata whenua customary vehicle use in the Red Zone would have been available but the applicants would not accept that form of relief.