Shane Dromgool, Dorothy Dromgool, Alan Darvall Poulton, Jennifer Poulton and Newman Farms Limited v Minister for Land Information - SC 32/2021

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Summary

Civil Appeal

Result

A The application for leave to appeal is granted in part (Minister for Land Information v Dromgool [2021] NZCA 44). The approved question is:
Whether the Court of Appeal was correct in its interpretation of the role and obligations of the Minister for Land Information in deciding an application under s 186(1) of the Resource Management Act 1991 and, in particular, whether the Minister must be satisfied that the proposed taking is fair, sound and reasonably necessary for achieving the objectives of the network utility operator or whether it is sufficient that the Minister is satisfied the proposed taking is capable of meeting that test.
B The application for leave to appeal is otherwise dismissed.
24 June 2021
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A The appeal is dismissed.
B The appellants must pay the respondent costs of $25,000 plus usual disbursements.
22 December 2022

Date of Hearing

22 March 2022

Judges

Winkelman CJ, William Young, Glazebrook, O'Regan, Ellen France and Williams JJ

Hearing Transcripts

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