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Ngāi Tai Ki Tāmaki Tribal Trust v Minister of Conservation, Fullers Group Limited and Motutapu Island Restoration Trust - SC 11/2018

Media releases

Summary

Civil Appeal – Conservation Act 1987 and Hauraki Gulf Marine Park Act 2000 – Whether the Court of Appeal erred in concluding that concessions to conduct guided tours over Rangitoto and Motutapu could be granted despite iwi objections.

Result

A Leave to appeal is granted (Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2017] NZCA 613).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal of the applicant to that Court.  
 8 May 2018 
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A The appeal is allowed.
B We direct that the second respondent’ s application for a concession be reconsidered by the first respondent’ s delegate in light of this judgment.  The licence awarded to the second respondent on 31 August 2015 will remain in force until that reconsideration has occurred.
C The decision of the first respondent’s delegate granting a permit to the third respondent dated 15 October 2015 is quashed.  We direct that the third respondent’s application for a concession be reconsidered by the first respondent’s delegate in light of this judgment.
D Costs are reserved.
14 December 2018

Hearing Transcripts

Related Documents

High Court decision — NGAI TAI KI TAMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2017] NZHC 300 [1 March 2017]

Court of Appeal decision — NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2017] NZCA 613 [19 December 2017]

Leave judgment - leave granted — NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2018] NZSC 41 [8 May 2018] (PDF 188 KB)

Substantive judgment — NGĀI TAI KI TĀMAKI TRIBAL TRUST v MINISTER OF CONSERVATION [2018] NZSC 122 [14 December 2018] (PDF 567 KB)