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Brook Valley Community Group Incorporated v Brook Waimarama Sanctuary Trust, Minister for the Environment and Nelson City Council - SC 7/2019

Summary

Civil Appeal – Resource Management Act 1991, ss 13, 15 and 360(1)(h) – Whether the discharge of brodifacoum was unlawful – Whether the exempting regulations made under s 360(1)(h) of the Resource Management Act were unlawful – Whether the reduction in the costs award in the High Court was sufficient to reflect the public interest in the case – Whether the Court of Appeal erred in dismissing the appeal.

Result

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019

Hearing Transcripts

Related Documents

High Court decision — BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2017] NZHC 2665 [31 October 2017]

Court of Appeal decision — BROOK VALLEY COMMUNITY GROUP INC v THE BROOK WAIMARAMA SANCTUARY TRUST [2018] NZCA 573 [11 December 2018]

Leave judgment - leave dismissed — BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2019] NZSC 51 [21 May 2019] (PDF 229 KB)