New Zealand Case Law: Decisions & Judgments

Topic

Water conservation order

Legal area

Court

7 Aug 2020

NZ SOUTHERN RIVERS SOCIETY INCORPORATED v GORE DISTRICT COUNCIL [2020] NZHC 1996

Citation

[2020] NZHC 1996
Court

High Court

The Society failed to demonstrate that the Commissioner treated Fish and Game's approval as substituting for angler views, failed to take relevant considerations into account, or proceeded without adequate information; the Council lawfully assessed the AEE, operational controls and management measures and reasonably concluded adverse effects would be no more than minor, so non-notification and the substantive consent were valid.
22 Aug 2018

NGĀTI TAMA KI TE WAIPOUNAMU TRUST v TASMAN DISTRICT COUNCIL [2018] NZHC 2166

Citation

[2017] 20ELRNZ 105
Court

High Court

The proceedings were struck out because the resource consent had lapsed rendering any contested relief ineffectual; the changed legal and planning context (including an ongoing water conservation order process and freshwater plan change) meant s125 considerations were no longer practically relevant between the parties; and the unique factual matrix limited any realistic precedent value, so there was no utility in continuing judicial review to determine declaratory relief.
20 Dec 2011

PIONEER GENERATION LIMITED V NEW ZEALAND FISH AND GAME COUNCIL AND OTAGO FISH AND GAME COUNCIL HC DUN CIV-2011-412-000445

Citation

openlaw-98b174f0_0127_4acc_a78d_7cab552e3c26.pdf
Court

High Court

The High Court declined to grant declarations because (1) a WCO is a statutory planning process falling within Fish and Game's advocacy powers under Part 5A, and (2) the crucial question whether Gollum galaxiids and their habitat have a plausible connection to sports fish is a factual issue requiring expert evidence and resolution by the Environment Court, so declaratory relief is inappropriate in circumstances of inadequate evidence.

New Zealand Case Law

NZ SOUTHERN RIVERS SOCIETY INCORPORATED v GORE DISTRICT COUNCIL [2020] NZHC 1996

NGĀTI TAMA KI TE WAIPOUNAMU TRUST v TASMAN DISTRICT COUNCIL [2018] NZHC 2166

PIONEER GENERATION LIMITED V NEW ZEALAND FISH AND GAME COUNCIL AND OTAGO FISH AND GAME COUNCIL HC DUN CIV-2011-412-000445