15 May 2007
UNISON NETWORKS LIMITED V HAWKE'S BAY WIND FARM LIMITED HC NAP CIV 2006-441-0810
- Citation
- openlaw-0c659423_8d1a_45f5_9133_961dbd765163.pdf
- Court
- High Court
The Environment Court correctly applied the first-come-first-served priority rule; Unison's earlier consent (being likely to be implemented) properly formed part of the receiving environment for assessing HBWF's application under s104(1)(a); the priority rule applies regardless of whether the resource is characterised as finite or non-finite, and there was no breach of natural justice because parties were given opportunity to make submissions on conditions and did not seek further evidence.