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Author: Mike Doesburg
Published: 27 May 2024
Pages: 27

Introduction

When invited to prepare this webinar, I was given a simple brief. I was to simply cover the cases addressed at the NZLS CLE Environmental Law Intensive in November 2023, along with any updates. Of course, six months is an eon in environmental cases and many other interesting judgments have been released.

The paper will stay true to the original brief and the published summary – it will address Port Otago Ltd v Environmental Defence Soc Inc (Port Otago), Re Ngāti Tama Ki Te Waipounamu Trust and important cases you might have missed. However, the paper will also engage with Royal Forest & Bird Protection Soc of NZ Inc v NZ Transport Agency (East West Link) and other recent decisions.

The practice of environmental law is wide ranging and so too are the topics that the Courts’ decisions address. In preparing this paper, I have had to pick and choose. The result is a focus on the recent “big two” (East West Link and Port Otago) along with some other planning and consenting cases. While there are many interesting enforcement and even Public Works Act cases, this paper does not plumb those depths.(continued...)

Content outline

• Royal Forest & Bird Soc of New Zealand Inc v New Zealand Transport Agency
• Port Otago Ltd v Environmental Defence Soc Inc
• Re Ngāti Tama Ki Te Waipounamu Trust
• Environmental Law Initiative v Canterbury Regional Council
• Norman v Tūpuna Maunga o Tāmaki Makaurau Authority
• Hensman v Queenstown Lakes District Council
• Blue Grass Ltd v Dunedin City Council