Sustainable Otakiri Incorporated v Whakatāne District Council and Otakiri Springs Limited - SC 1/2023
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- SC 1/2023 and SC2/2023 (Recorded, 23 November 2023)
- SC 1/2023 and SC2/2023 (Recorded, 22 November 2023)
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Summary
Civil Appeal
Result
A Subject to C, the applications for leave to appeal are granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2022] NZCA 598).
B The approved question is whether the Court of Appeal was correct to dismiss the appeals.
C The application for leave to appeal on costs is dismissed (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2022] NZCA 598).
D An extension of time to apply for leave to appeal is granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2020] NZHC 3388).
E The application for leave to appeal is granted (Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council [2020] NZHC 3388).
F The approved question is whether the High Court erred in upholding the Environment Court’s decision in relation to the negative tikanga effects.
17 April 2023
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A Sustainable Otakiri Inc’s appeal is dismissed.
B Te Rūnanga o Ngāti Awa’s appeal is dismissed.
C Costs are reserved.
12 November 2025
Date of Hearing
22 November 2023 — 24 November 2023
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 22 -24 Nov 2023 Appellant submissions (PDF 1.4 MB)
- Hearing date 22 - 24 Nov 2023 First Respondent subsmissions (PDF 365 KB)
- Hearing date 22 - 24 Nov 2023 Second Respondent submisisons (PDF 498 KB)
- Hearing date 22 Nov - 24 Nov 2023 Joint Chronology (PDF 161 KB)