11 Jul 2018
NGAI TE HAPU INCORPORATED v BAY OF PLENTY REGIONAL COUNCIL [2018] NZHC 1710
- Citation
- [2018] NZHC 1710
- Court
- High Court
The appeal was dismissed because Ngāi Te Hapū Inc failed to pay ordered security for costs and the appeal had no realistic prospect of success: most substantive grounds were out of time, many alleged errors were factual evaluations outside a s299 appeal, and the Environment Court lawfully concluded it could not require full removal of the wreck as a condition of a consent to abandon; the Environment Court properly considered expert evidence, Māori and Treaty matters and imposed lawful, reasonably related conditions including monitoring and offsets.