Port Otago Limited v Environmental Defence Society Incorporated, Otago Regional Council, Royal Forest and Bird Protection Society of New Zealand Incorporated and Marlborough District Council - SC 6/2022

Media releases

MR [2023] NZSC 112 (PDF 326 KB)

Summary

Civil Appeal

Result

A Leave to appeal is granted (Port Otago Ltd v Environmental Defence Society Inc [2021] NZCA 638).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
17 March 2022
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A The appeal is allowed.
B The order remitting the matter to the Environment Court is set aside.
C The Otago Regional Council is directed to consult the parties and any other persons it considers appropriate on a redrafted policy 4.3.7(d)–(e) in the proposed Otago Regional Policy Statement either:
(a) along the lines in paragraph [87] of this judgment or to similar effect; or
(b) otherwise to give appropriate effect to the policies of the NZCPS and their inter-relationships.
D Costs are reserved.
24 August 2023

Date of Hearing

11 May 2022 — 12 May 2022

Judges

Winkelmann CJ, William Young, Glazebrook, Ellen France and Williams JJ

Case Synopses

Hearing date 11 and 12 May 2022 (PDF 198 KB)

Submissions from counsel

Hearing Transcripts

Hearing 11 and 12 May 2022 (PDF 867 KB)