New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Wetland protection

Legal area

Court

17 Feb 2020

BURGOYNE v NORTHLAND REGIONAL COUNCIL & ANOR [2020] NZHC 189

Citation

[2020] NZHC 189
Court

High Court

No error of law was demonstrated: the High Court must accept the Environment Court's factual findings; land title disputes and alleged overseas investment breaches are irrelevant to the consent grant; the adaptive management regime with monitoring and conservative trigger/suspension conditions addressed the uncertainties and cultural/heritage concerns adequately; therefore the appeal is dismissed.
30 Jun 2011

WEST COAST REGIONAL COUNCIL V FRIENDS OF SHEARER SWAMP INCORPORATED HC CHCH CIV-2010-409-002466

Citation

openlaw-7f9e9482_9756_4422_945a_83e07ff4a4b0.pdf
Court

High Court

The High Court dismissed the appeal, holding the Environment Court did not commit an error of law: it lawfully considered national and regional factors, appropriately relied on ecological expert evidence to formulate practicable significance criteria, correctly interpreted 'significant' as focusing on values and attributes rather than class size alone (thus allowing relativity via value‑based criteria), and had regard to s5 without requiring pre‑emptive s5 balancing at the identification stage.